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Bombay High CourtAPPLN/3498/2015disposed off

Kalpana @ Jayshri Ganesh Sonawane v. The State Of Maharashtra

2015-08-12Hon'Ble Shri Justice M.T. Joshi3 pages

1 6-crappln3498-15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3498 OF 2015 Kalpana @ Jayshri Ganesh Sonawane, Age 21 years, occ.Household, r/o. Shivana, Tq.Sillod, Dist. Ahmednagar ..Applicant

Versus

The State of Maharashtra ..Respondent -- Mr.S.G.Ladda, advocate for applicant Mr.V.P.Kadam, APP for respondent - State -- CORAM : M.T. JOSHI, J.

DATE : AUGUST 12, 2015 PER COURT :

Heard both sides.

2] Present applicant, who is arrested by Paradh Police Station, Tq.Bhokardan, Dist. Jalna in Crime No.I-37 of 2014 for the offences punishable under Section 302, 364-A, 120-B, 201 of Indian Penal Code, on the basis of which, now sessions case is pending, is praying for her release on bail.

2 6-crappln3498-15.odt 3] Previous application of the applicant for bail bearing Criminal Application No.5733 of 2014 was allowed to be withdrawn by this Court on 16th December, 2014 with liberty to file similar application in case, the trial is not concluded within six months. Hence, present application. 4] The submissions from both sides would show that the case is based on circumstantial evidence. The applicant was arrested on 2nd June, 2014 5] The report of the concerned Sessions Judge would show that there is no progress in the trial. The accused/present applicant is not being brought from Aurangabad jail in the Court at Jalna, on the given dates. There is also difficulties in arranging hearing through Video Conference as said facility is being used, all the time, for for Aurangabad court.

3 6-crappln3498-15.odt 6] Considering the material against the applicant that in my view, the applicant can very well be released on bail.

7] In the circumstances, the following order :- a] The application is allowed.

b] The applicant be released on bail in Crime No.I-37 of 2014 registered at Paradh Police Station, Tq.Bhokardan, Dist. Jalna for the offences punishable under Section 302, 364-A, 120B, 201 of Indian Penal Code, upon her executing P.R. bond in the sum of Rs.20,000/- (Rs.Twenty Thousand) and also upon furnishing surety in the like amount.

c] The applicant is directed not to make any attempt to influence the prosecution witnesses in any manner.

[M.T. JOSHI, J.] kbp