Sheshabai W/O. Bapurao Kendre And Others v. The State Of Maharashtra

1 Cri. Appln. 2432-2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2432 OF 2016 1] Sheshabai W/o Bapurao Kendre Age : 65 years, Occu.: Household, R/o. Devulwadi, Tq. Udgir, Dist. Latur 2] Kalpana D/o Bapurao Kendre Age : 32 years, Occu.: Household, R/o. Devulwadi, Tq. Udgir,'

Dist. Latur 3] Anuradha W/o Navnath Tidke Age : 40 years, Occu.: Housheold, R/o. Kunki, Tq. Jalkot, Dist. Latur .. Applicants (Orig. Accused) Vs.

The State of Maharashtra Through Incharge Police Officer, Wadhwana Police Station, Wadhwana, Tq. Udgir, Dist. Latur .. Respondent .....

Mr. V.D. Gunale, Advocate for the applicants Mr. S.D. Ghayal, APP for the respondent-State ......

CORAM : N.W. SAMBRE, J.

DATE : 10/06/2016 ORAL ORDER :

Heard.

2 Cri. Appln. 2432-2016 2.

Applicant no.1 is the mother of one Sangram and applicant nos.2 and 3 are the married sisters of Sangram. Sangram was married to Vachchala in 1993 and blessed with children.

3.

Vachchala W/o Sangram expired on 03/04/2016 resulting into registration of crime no.72 of 2016 at Wadhawana Police Station, Tq. Udgir, Dist. Latur for the offences punishable under section 302 r/w. 34 of the Indian Penal Code.

4.

While trying to make out a case for grant of pre-arrest bail, Shri Gunale, learned counsel for the applicant would urge that applicant no.1-motherin-law of deceased is aged about 65 years, whereas applicant nos.2 and 3 are married sisters of Sangram i.e. husband of deceased-Vachchala and are residents of some other place than the place of residence of Sangram. He would then submit that all the family members are included as accused without attributing any role. According to him, even if presuming that

3 Cri. Appln. 2432-2016 there was some complaint as against Sangram and his father, however, there is hardly any material to connect the applicants to the crime in question. 5.

Learned A.P.P. opposed the application on the ground that the applicant no.1 is specifically referred by her designation as mother-in-law in the FIR. He therefore submits that the application be rejected.

6.

Having perused the investigation, as is carried out till date, prima facie, it is noted that there is hardly any material on record to connect the present applicants to the crime in question. Apart from above, the fact remains that applicant nos.2 and 3 are married sisters, who are not residing at the place of residence of the deceased and no role whatsoever is attributed as against applicant nos.2 and 3. In this background, application needs to be allowed. Hence, the following order :-

4 Cri. Appln. 2432-2016 7.

In the event of the arrest of the applicants in Crime no. 72 of 2016 registered with Wadhawana Police Station, Tq. Udgir, Dist. Latur for the offences punishable under section 302 r/w. 34 of the Indian Penal Code, they be released on bail upon their executing P.R. bonds in the sum of Rs.15,000/- (Rs. Fifteen Thousand) each with one surety each in the like amount.

8.

Criminal Application stands disposed of accordingly.

Sd/- [N.W. SAMBRE] JUDGE arp/-