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Bombay High CourtAPPLN/2934/2016application allowed

Kantabai W/O Vitthal Rahan And ANR v. The State Of Maharashtra

2016-06-30Hon'Ble Shri Justice Nitin W. Sambre4 pages

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2933 OF 2016 1.

Shakuntalabai Vikram Rahane 2.

Vikram s/o Jagannath Rahane ..APPLICANTS

VERSUS

The State of Maharashtra ..RESPONDENT Mr C. R. Thorat, Advocate for applicants;

Mr S. Y. Mahajan, Addl. Public Prosecutor for respondent WITH CRIMINAL APPLICATION NO. 2934 OF 2016 1.

Kantabai w/o Vitthal Rahane 2.

Pushpabai w/o Pandharinath Rahane ..APPLICANTS

VERSUS

The State of Maharashtra ..RESPONDENT Mr S. G. Ladda, Advocate for applicants;

Mr S. Y. Mahajan, Addl. Public Prosecutor for respondent WITH CRIMINAL APPLICATION NO. 2938 OF 2016 Savita w/o Ganesh Rahane ..APPLICANT

VERSUS

The State of Maharashtra ..RESPONDENT Mr R. U. Bhutekar, Advocate for applicant;

Mr S. Y. Mahajan, Addl. Public Prosecutor for respondent

(2) CORAM : N.W. SAMBRE, J.

DATE : 30th June, 2016 ORDER :

Heard 2.

Learned Counsel appearing on behalf of the applicants in Criminal Application No. 2933 of 2016, upon instructions, does not press the application for applicant No. 2 - Vikram s/o Jagannath Rahane, with liberty to approach before the learned Sessions Judge. Criminal Application No. 2933 of 2016 stands dismissed as withdrawn to the extent of applicant No. 2, with liberty as prayed for.

3.

The applicant No. 1, in Criminal Application No. 2933 of 2016 and all the applicants in Criminal Application Nos. 2934 of 2016 and 2938 of 2016 are seeking their release on regular bail, in connection with Crime No. I-136 of 2016, registered with Vaijapur Police Station, Tq. Vaijapur, Dist. Aurangabad, for offences punishable under Sections 307, 326, 324, 323, 504, 143, 147, 148, 149, 452 of the Indian Penal Code. 4.

Perused the first information report. The incident is alleged on 19th May, 2016. There is delay of one day in lodging first information report. All the applicants, who are women before this Court, the role attributed to them is they have assaulted complainant by fist blows. The complainant suffered simple injuries. The applicants are behind the bars since more than a month.

(3) 5.

In the above background, no fruitful purpose will be served in detaining of the applicants, who are women and against whom, no serious attributions in the first information report are made. 6.

in my opinion, the applicants are entitled to be released on bail. Hence, I pass following order :

(I) The applicant No. 1 in Criminal Application No. 2933 of 2016 and all the applicants in Criminal Application Nos. 2934 of 2016 and 2938 of 2016 be released on bail, in connection with Crime No. I-136 of 2016, registered with Vaijapur Police Station, Tq. Vaijapur, Dist. Aurangabad, for offences punishable under Sections 307, 326, 324, 323, 504, 143, 147, 148, 149, 452 of the Indian Penal Code, upon furnishing P.R. Bond of Rs 15,000/- with one surety in the like amount, by each of them.

((ii) The applicants shall not indulge in similar offences in future and if noticed, the learned Sessions Judge will be at liberty to proceed against them for cancellation of bail. (iii) The applicants shall not tamper prosecution evidence and shall not influence witnesses.

(4) (iv) The applicants shall co-operate in getting decide the trial and shall not seek exemptions or unnecessary adjournment. Criminal Applications stand allowed in above terms. (N.W. SAMBRE, J.) sjk