Laxmibai W/O Laxman Akkalwad And Others v. The State Of Maharashtra

952-BA-984-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.984 OF 2023 LAXMIBAI W/O LAXMAN AKKALWAD AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicants : Mr. V. P. Kadam APP for Respondent: Mr. K. S. Patil ....

CORAM : S. G. MEHARE, J.

DATE : 23.06.2023 PER COURT :

1.

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

2.

The applicants are seeking bail in Crime No. 206 of 2022 registered with Police Station Himayatnagar, District Nanded for the offences punishable under Sections 302, read with Section 34 of the Indian Penal Code.

3.

After hearing the learned respective counsels and considering the role attributed to the applicant No.2 Parmeshwar Laxman Akkalwad, and applicant No.3 Ramesh Laxman Akkalwad, the Court expressed disinclination to grant bail in their favour. Learned counsel

952-BA-984-23.odt for the applicants, on instructions, seeks leave to withdraw their application. Leave granted. Application stands dismissed as withdrawn against respondent No.2 and 3.

4.

As far as the role attributed to applicant No.1 Laxmibai is concerned, there were no direct allegations against her. Her grand-son who is the star witness in the case did not state anything against her. Papers do not reveal that she has played active role as alleged. Therefore, she deserves bail. Hence, the following order

ORDER

(i) The application is allowed.

(ii) Applicant No.1 Laxmibai W/o Laxman Akkalwad be released on bail on furnishing P. B. and S.B. of Rs. 50,000/- (Rupees Fifty thousand) with one solvent surety of the like amount, in connection with the above crime on the condition that she shall not tamper with the prosecution witnesses.

( S. G. MEHARE ) JUDGE ysk