Laxman Buwaji Bibave And ANR v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 3012 OF 2017 1] Laxman Buwaji Bibave 2] Mangal w/o Pankaj Bibave ... Applicants

VERSUS

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

Mr. S.T.Shelke, advocate for the applicants Mr. S.B.Joshi, A.P.P for respondent .....

CORAM : K.L.WADANE, J.

DATED : 17th JULY, 2017 O R D E R :

Heard Mr. Shelke, learned counsel appearing for the applicants and Mr. Joshi, learned A.P.P. for the respondent.

2.

On 20.4.2017 complainant Sujit Pawase lodged first information report alleging therein that murder of his sister has been committed by her husband Suresh Pankaj Bibave and other accused persons in his field at village Nimaj, Taluka Sangamner on account of non­fulfillment of monetary demand of Rs.5 Lakh for purchase of new tractor.

3.

Mr. Shelke, learned counsel appearing for the applicant submits that name of present applicant no.1 is referred in the first information report as grand father­in­law and an omnibus statement is made in the first information report that the applicant and other relatives were illtreating the deceased on account of illegal demand.

4.

Learned A.P.P. points out the statements of number of witnesses, from which it appears that husband of deceased namely Suresh has committed brutal murder of his wife and this has been noticed by number of witnesses.

5.

The main allegation of demanding huge amount of Rs. 5 Lakhs is against the husband and there is ample evidence against the husband that he has committed murder of his wife. In view of the above circumstances and as there is no specific allegation against the present applicants and the fact that present applicant no.1 is aged about 70 years and applicant no.2 is lady, I am of the opinion that the applicants are entitled for

bail.

6.

Hence, the following order.

(i) Criminal Application is allowed.

(ii) The applicants shall be released on bail in connection with Crime No. 60 of 2017, registered with Sangamner Taluka police station, District Ahmednagar, on his furnishing P.R. bond of Rs. 10,000/­ with one solvent surety in the like amount.

7.

Criminal Application is disposed of.

(K.L.WADANE, J.) dbm