Mahera W/O Arshad Shaikh v. The State Of Maharashtra

( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 534 OF 2021 WITH CRIMINAL APPLICATION NO. 1162 OF 2021 Mahera w/o. Arshad Shaikh, ..

Applicant Age. 20 years, Occ. Household, R/o. Patrud, Tal. Majalgaon, Dist. Beed.

Versus

The State of Maharashtra ..

Respondent Mr.Sachin S. Shinde, Advocate for the applicant. Mrs.D.S. Jape, APP for respondent/State.

Mr.S.J. Salunke, Advocate for applicant in Cri.Appn No.1162 of 2021.

CORAM : SANDEEP K. SHINDE, J.

DATED :

05.07.2021 PC :- 01.

Heard learned Counsel for the applicant and learned APP for the State.

02.

Apprehending arrest in connection with Crime No. 058 of 2021 registered with Majalgaon (Rural) Police Station, Tal. Majalgaon, Dist. Beed, for the offences punishable under section 302 read with section 34 of the Indian Penal Code, applicant seeks pre-arrest bail.

( 2 ) 03.

Irshad is the deceased and the applicant is his sister-in-law (brother's wife). The alleged incident had taken place on 8th March, 2021. The husband and motherin-law of the applicant are the co-accused. It is alleged that the applicant abated her husband to cause death of the deceased by fetching knife from home by which Irshad was murdered. Except this allegation, no other role has been attributed to the applicant by the prosecution. The FIR shows, the mother-in-law of the applicant (co-accused) who allegedly held back hands of the deceased and facilitated the co-accused to commit murder, has been granted bail by this Court. Learned APP would submit that the bail was granted to her on account of age and not on merits.

04.

Be that as it may, in consideration of the facts of the case and kind of role that has been role attributed to the applicant, a case is made out for granting anticipatory bail. Hence, the following order. 05.

In the event of arrest of the applicant in the subject crime, he shall be released on bail on executing bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one or more sureties in like amount. The applicant shall report to the concerned Investigating Officer as when called.

( 3 ) 06.

Anticipatory Bail Application disposed of.

07.

Pending criminal application disposed of.

[SANDEEP K. SHINDE,J.] snk/2021/JUL21/aba534.21