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Bombay High CourtBA/683/2021disposed off

Rekhabai W/O. Hanmanlu Karne v. The State Of Maharashtra

2021-08-21Hon'Ble Shri Justice M. G. Sewlikar2 pages

( 1 ) 958 ba 683.21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 958 BAIL APPLICATION NO.683 OF 2021 REKHABAI W/O. HANMANLU KARNE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Bilolikar Upendra B. APP for Respondents/State : Mr. A.A. Jagatkar ...

CORAM : M.G. SEWLIKAR, J.

DATE : 21st August, 2021 P.C.:- Heard Shri Bilolikar learned counsel for the applicant and Shri Jagatkar learned APP for the State.

2.

Shri Bilolikar fairly concedes that earlier application for bail was withdrawn and that application was presented after filing of the charge-sheet. He states that mother in law of the applicant has been released on bail. She is suffering from Vertigo. Applicant has two minor children aged 12 and 14 years and there is no one to look after them. He further submits that applicant is more than 65 years of age and because of her old age she is not in a position to take proper care of minor children of the applicant. He further submits that only allegation against the applicant is that she had assaulted the deceased by means of a stick. He submits that having regard to this

( 2 ) 958 ba 683.21 circumstance applicant be released on bail.

3.

So far as illness of applicant is concerned no evidence is adduced. Secondly, there is no change in circumstance to entitle the applicant to move this Court for bail. Learned counsel Shri Bilolikar submits that charge has been framed but the trial is yet to commence. If the trial does not come to an end within a period of one year the applicant is at liberty to move the Sessions Court for seeking appropriate relief. In view of this and since there is no change in circumstances, the application stands rejected. Learned trial Court to conclude the trial within a period of one year from the date of receipt of writ of this Court.

4.

These observations are made only for the disposal of this application and the learned trial Court shall not get influenced by these observations and can come to its independent conclusion during trial. [M.G. SEWLIKAR, J.] mub