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Bombay High CourtAPPLN/3660/2015disposed off

Vaishali W/O Subhash Kakade And ANR v. The State Of Maharashtra

2015-07-31Hon'Ble Shri Justice V.M. Deshpande2 pages

G.A.Ghule [P.A.] 1/2 cri.appln. 3660.15..sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

Criminal Appellate Jurisdiction.

CRIMINAL APPLICATION NO. 3660 OF 2015.

VAISHALI W/O SUBHASH KAKADE & OTHERS.

VERSUS

THE STATE OF MAHARASHTRA.

Appearance => Mr. Arun S. Shejwal, Advocate for the Applicants. Mr. V.H. Dighe, Additional Public Prosecutor for the State of Maharashtra.

CORAM

:

V.M. Deshpande, J.

DATE :

31st July, 2015.

Per Court :- Present Criminal Application is filed by the Applicants for grant of anticipatory bail, since they are apprehending their arrest in connection with CR No.I 105/2015 registered with Police Station, Kannad, District - Aurangabad for the offences punishable under Section/s. 307, 323, 143, 147, 148, 149 of the Indian Penal Code. [2] Heard Mr. Arun S. Shejwal, learned counsel for the Applicants and Mr. V.H. Dighe, learned Additional Public Prosecutor. [3] The dispute occurred between two real brothers on the output of one mango tree. Present Applicants are the wives of Accused Nos. 1 and 2 - Subhash Kakade and Jagan Kakade, who are already arrested and released on regular bail by this court.

2/2 cri.appln. 3660.15..sxw [4] After perusal of the First Information Report and other investigation papers, it is crystal clear that allegations made against the present ladies are general in nature. The main accused are already released on regular bail. In that view of the matter, discretion can be exercised in favour of present Applicants. That leads me to pass the following order :-

ORDER

(i) Criminal Application is allowed.

(ii) In the event of arrest, Applicant No.1 - Vaishali subhash Kakade and Applicant No.2 - Hirabai Jagan Kakade shall be released on anticipatory bail on they executing P.R. Bond of Rs. 5,000/- [Rs. Five Thousand.] each with one solvent surety in the like amount, in connection with CR No.I 105/2015 registered with Police Station, Kannad, District - Aurangabad for the offences punishable under Section/s. 307, 323, 143, 147, 148, 149 of the Indian Penal Code.

(iii) With this Criminal Application is allowed and same is disposed of, accordingly.

(V.M. DESHPANDE, J.)