Tushar S/O Jaising Rajput v. Padmabai W/O Gumansing Jadhav And Others
-1-
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3053 OF 2016 1.
Padmabai w/o Gumansing Jadhav, Age: 61 years, Occ: Household, R/o. Jamner, Tq. Jamner, Dist. Jalgaon.
2.
Sapna w/o Nitin Jadhav, Age: 31 years, Occ: Household, R/o. Police Lines, Police Head Quarters, Centre No. 36, Room No. 9, Jalgaon, Dist. Jalgaon.
...Applicants versus The State of Maharashtra, through the Police Sub Inspector, Jilla Peth Police Station, Jalgaon Tq. & Dist. Jalgaon.
...Respondent
WITH CRIMINAL APPLICATION NO. 3422 OF 2016 IN CRIMINAL APPLICATION NO. 3053 OF 2016 Tushar s/o Jaising Rajput, Age: 31 years, Occ: Labour, R/o. Shaninagar, Marimata Chowk, Sakri Road, Dhule, Tq. & Dist. Dhule.
...Applicant versus 1.
Padmabai w/o Gumansing Jadhav, Age: 61 years, Occ: Household, R/o. Jamner, Tq. Jamner, Dist. Jalgaon.
2.
Sapna w/o Nitin Jadhav, Age: 31 years, Occ: Household, R/o. Police Lines, Police Head Quarters, Centre No. 36, Room No. 9, Jalgaon, Dist. Jalgaon.
3.
State of Maharashtra,
-2through P.S.I.
Jilla Peth Police Station, Jalgaon Tq. & Dist. Jalgaon.
...Respondents
.....
Mr. R.S. Deshmukh , Advocate for applicants Mr. S.D. Ghayal, A.P.P. for respondent/State Mr. N.L. Choudhari, Advocate to assist A.P.P. .....
CORAM : N.W. SAMBRE, J.
DATE : 1st JULY, 2016 ORAL ORDER :
For the reasons stated in Criminal Application No. 3422 of 2016 seeking permission to assist the prosecution, same stands allowed.
2.
The applicants are seeking regular bail in Crime No. 67 of 2016 registered with Jillapeth Police Station, District Jalgaon for an offence punishable under Section 302 read with Section 34 of the Indian Penal Code.
3.
Applicant No. 1 Padmabai is mother in law of deceased Kavita, who is aged about 61 years, whereas applicant No. 2 Sapna is wife of brother of main accused Sachin.
4.
The prosecution story appears to be that deceased
-3Kavita was married to accused Sachin in 2000 and is blessed with two daughters. On the day of incident, both Kavita and her one daughter, Riya, aged about 16 years, were found to be murdered. As such, crime in question came to be registered. 5.
It is also reflected in the investigation that main accused Sachin was of suspicious mind used to continuously follow deceased Kavita and her daughter.
6.
It is to be noted that so far as the applicants are concerned but for their relation with main accused Sachin, there are hardly any attribution or adverse role noticed in the investigation so as to prima facie connect them to the crime in question. 7.
In this view of the matter, in my opinion, the applicants are entitled to be released on bail. Hence, the following order:- (i) The applicants be released on bail, in connection with Crime No. 67 of 2016 registered with Jillapeth Police Station, District Jalgaon for an offence punishable under Section 302 read with Section 34 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.
-4- (ii) The applicants shall attend the trial regularly and co-operate the Court below in disposal and shall not protract the same by seeking unnecessary adjournments. If conditions are breached, learned Sessions Judge will be at liberty to proceed ahead with cancellation of bail, if so desire.
8.
The application stands allowed in above terms. [ N.W. SAMBRE, J. ] Tupe/