Kamalbai @ Pamabai Balasaheb Aher v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO.2656 OF 2017 Kamalbai @ Pamabai Balasaheb Aher ... Applicant

VERSUS

The State of Maharashtra ... Respondent .....

Mr.A.K.Bhosale, advocate for the applicant Mr.A.A.Jagatkar, A.P.P for respondent .....

CORAM : K.L.WADANE, J.

DATED : 7th JULY, 2017 O R D E R :

Heard learned counsel for the applicant and the learned A.P.P. for respondent.

2.

Complainant Sarla Tukaram Nighote lodged complaint to the police station Vaijapur on 2.4.2017 alleging that at about 11.00 a.m. present applicant along with other accused persons came to the house of informant and started abusing.

3.

Another accused Sunil assaulted her father-in-law (since deceased). He even inflicted blow by brick on the head of injured person and the allegations against the present applicant are

that she assaulted one Savliram by brick.

4.

Learned A.P.P. submits that from the statement of other witnesses it appears that she was in the company of the other accused persons. Looking to the statements of witnesses and the informant and the first information report, it appears that there are no allegations against the present applicant about the assault on father-inlaw of the informant. Such allegations are against other accused persons particularly Sunil. Learned counsel further submits that main accused Sunil has been already released on regular bail.

5.

In such circumstances and looking to the allegations against of the present applicant while commission of the crime, she can be enlarged on bail.

6.

Hence the following order.

(i) Criminal Application is allowed (ii) Applicant be released on bail in connection with Crime No. 139 of 2017, registered at Vaijapur police station, District Aurangabad, on furnishing P.R. bond of Rs. 5,000/- with one

surety in the like amount.

7.

Criminal Application is disposed of.

(K.L.WADANE, J.) dbm