Dinkar Manikrao Thorat And Another v. The State Of Maharashtra And Another

2024:BHC-AUG:12262 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD BAIL APPLICATION NO.811 OF 2024 WITH CRIMINAL APPLICATION NO.2495 OF 2024

1) Dinkar s/o Manikrao Thorat, Age-64 years, Occu:Agri.,

2) Ranjana w/o Dinkar Thorat, Age-63 years, Occu:Agri., Both R/o-Kapusvadgaon, Veergaon, Tq-Vaijapur, Dist-Aurangabad ...APPLICANTS

VERSUS

1) The State of Maharashtra, Through its Veergaon Police Station, Tq-Vaijapur, Dist-Aurangabad (Rural),

2) The Superintendent of Police, Aurangabad (Rural), Dist-Aurangabad.

...RESPONDENTS ...

Mr. Narendra D. Sonavane Advocate for Applicants in Bail Application No.811 of 2024.

Ms. S.S. Joshi, A.P.P. for Respondents.

Mr. Sudheer R. Zambare Advocate for Applicant in Criminal Application No.2495 of 2024.

...

CORAM: S.G. MEHARE, J.

DATE : 27th JUNE 2024 ORDER :

1.

Heard learned counsel for the applicant, learned APP for

the State and learned counsel for the applicant. 2.

The applicants seek bail in Crime No.250 of 2023 registered with Veergaon Police Station, Taluka-Vaijapur, DistrictAurangabad (Rural) for the offence punishable under Sections 302, 304-B, 498-A, 323, 504, 506 read with Section 34 of the Indian Penal Code.

3.

The applicants are in-laws of the deceased. The incident happened after 12 years of the marriage. Spot panchnama reveals that the applicants were residing in separate room in the same house. The incident happened in the night. In the morning deceased found unconscious. The postmortem report shows signs of manual strangulation.

4.

Merely not taking the deceased to the hospital by the applicants, is no ground to oppose the bail application. Perhaps they might have apprehended of their arrest for the death of their daughter-in-law. The facts stated would reveal that the husband the deceased were in another room. No weapon seems to be used in the crime. There is nothing to be recovered from the applicants. Investigation has been completed and chargesheet has been filed. Therefore, there is no propriety in keeping them behind the bars.

5.

For the above reasons, the following order is passed:-

O R D E R

(I) Bail Application stands allowed.

(II) Applicant No.1 - Dinkar s/o Manikrao Thorat and applicant No.2 - Ranjana w/o Dinkar Thorat, be released on bail on furnishing P.B. and S.B. of Rs.50,000/- (Rupees Fifty Thousand only) each, with one solvent surety of the like amount each, in the above crime, on the condition that:- (a) The applicants shall not tamper with the prosecution witnesses.

(b) The applicant shall attend the trial on each and every effective date.

(III) Criminal Application No.2495 of 2024 stands disposed of. [ S.G. MEHARE, J. ] asb/JUNE24