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Bombay High CourtBA/971/2021application allowed

Mahananda W/O. Suryakant Harke v. The State Of Maharashtra

2022-08-29Hon'Ble Shri Justice R. G. Avachat3 pages

16-BA-971-2021.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 971 OF 2021 Mahananda w/o Suryakant Harke ... Applicant

Versus

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

Mr. P. P. More, Advocate for applicant Mr. S. P. Sonpawale, APP for respondent - State ....

CORAM : R. G. AVACHAT, J.

DATED : 29th AUGUST, 2022 PER COURT :- .

This is an application for bail under Section 439 of the Code of Criminal Procedure. The applicant has been arrested in connection with Crime No.323/2019, registered at Renapur Police Station, District Latur, for the offences punishable under Sections 498(A), 302, 304(B), 34 of the Indian Penal Code. 2.

Heard. Perused the First Information Report (FIR) and related papers.

(( 2 )) 16-BA-971-2021 The applicant is a woman, alleged to have committed murder of her daughter-in-law on 28.07.2019. The FIR has been lodged by the mother of the deceased. Postmortem examination report indicates the deceased died of multiple injuries including head injury and burns as well. Admittedly, the deceased, her husband and the present applicant were only persons residing together at her matrimonial home. The same indicates involvement of the applicant and her son in the offence in question.

3.

The applicant was arrested on 29.07.2019. She was granted provisional bail on account of Covid pandemic on 17.05.2021. It is reported that in spite of expiry of the date of surrender long back, she has not yet surrendered back to jail. Since the applicant is a woman, this Court is inclined to grant her bail. Hence, following order:

O R D E R

(i) The Bail Application is allowed.

(ii)The applicant be released on bail in connection with Crime No.323/2019, registered at Renapur Police Station, District Latur, for the offences punishable under Sections 498(A), 302, 304(B), 34 of the Indian Penal

(( 3 )) 16-BA-971-2021 Code, on her executing P. R. bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand) with surety bond of the like amount.

(iii)The applicant shall not tamper with the prosecution evidence.

[ R. G. AVACHAT, J. ] SMS