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Bombay High CourtBA/1008/2023dismissed

Shobhabai Devidas Koli v. The State Of Maharashtra

2023-06-27Hon'Ble Shri Justice S. G. Mehare2 pages

944 B.A. 1008-23-.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.1008 OF 2023 SHOBHABAI DEVIDAS KOLI

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Jakhade Rutuja L. APP for Respondent: Mr. Y.G. Gujarathi ....

CORAM : S. G. MEHARE, J.

DATE : 27.06.2023 PER COURT :

1.

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

2.

The applicant is seeking bail in Crime No. 95 of 2023 registered with Chopda City Police Station, District Jalgaon for the offences punishable under Sections 302, 337, 323, 504, 506 read with Section 34 of the Indian Penal Code.

3.

The applicant is seeking bail on the ground that nothing has been recovered at her instance. There are no antecedents to her discredit. There was delay in lodging the F.I.R. The applicant has been falsely implicated in the crime. The applicant has no concerned with

944 B.A. 1008-23-.odt the crime.

4.

The learned A.P.P. opposed the application. He would point out that the applicant played active role. There were eye witnesses to the incident. The offence is serious. The injured died of the injuries suffered to him in the assault.

5.

Perused the charge sheet. There were direct eye witness to the incident. The applicant has played an active role. She hold the deceased and co-accused assaulted the deceased with deadly weapon. The dagger was used in the crime. The injured had five stab injuries with fracture over the second rib of left side. Considering the role attributed to the applicant the way in which the incident happened and the gravity of the offence, the Court is of the view that she does not deserve bail. Hence, the application stands dismissed. ( S. G. MEHARE ) JUDGE ysk