Triveni W/O. Abhiman Ghule v. Hanumant Pandhari Ghule And Others

927-acb-124-2022.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD APPLICATION FOR CANCELLATION OF BAIL NO.124 OF 2022 TRIVENI W/O. ABHIMAN GHULE

VERSUS

HANUMANT PANDHARI GHULE AND OTHERS ...

Advocate for Applicant : Mr. Bangar Nilkanth P. APP for Respondent/State : Mr. V.M. Kagne ...

CORAM : S.G. MEHARE, J.

DATED : 21st SEPTEMBER, 2022 PER COURT:- 1.

Heard learned counsel for the applicant.

2.

He would submit that the reasons recorded by the learned Sessions Court while granting anticipatory bail are against the facts. The abortion was caused due to the blows given by the accused. However, the learned Sessions Court has not considered this material and granted anticipatory bail to the accused. 3.

Perused the papers. The learned Additional Sessions Judge has specifically observed that there was signs of bulky uterus with incomplete abortion. The applicants-accused were not the relatives of the complainant and it is not the case that they had knowledge that the complainant was pregnant of two months at the relevant time. There was a dispute on field.

4.

Perusal of the observations recorded by the learned Additional Sessions Judge reveals that the said order is neither

927-acb-124-2022.odt (2) arbitrary nor perverse. The learned Additional Sessions Judge has also not misused the discretion granted under Section 438 of the Code of Criminal Procedure. There is absolutely no substance in the application. Hence, the application stands dismissed. (S.G. MEHARE, J.) Mujaheed//