Shital Ramnath Dighe v. The State Of Maharashtra

Cri.Appln.4156/2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4156 OF 2015 Shital Ramnath Dighe, Age 26 years, Occu. Household R/o Talegaon Dhige, Taluka Sangamner, District Ahmednagar ..Applicant

Versus

The State of Maharashtra ..Respondent Mr R.K. Temkar, Advocate for applicant Mrs B.B. Gunjal, A.P.P. for respondent CORAM : N.W. SAMBRE, J.

DATE : 24th August 2015 PER COURT Heard.

2.

The husband of the applicant was murdered in which the present applicant was shown to be an accused as having illicit relations with the original accused No.1 - Narhari. 3.

The offence bearing No.I-38/2015 punishable under Section 302 of the Indian Penal Code with Section 120-B read with Section 34 of the Indian Penal Code came to be registered against the present applicant.

4.

The only iota of evidence that is available on record is the statement of sister-in-law, mother-in-law who have deposed about the illicit relations between the present applicant and accused No.1Narhari. Apart from above, the investigating agency has placed

Cri.Appln.4156/2015 reliance upon the C.D.R. of phone of present applicant so as to establish that the applicant was in touch with accused No.1 - Narhari. 5.

The statements of the sister-in-law Tara Shankar Dighe, motherin-law Dagubai Dighe which are recorded reflect complete hear-say story.

6.

The fact as regards completion of investigation is not in dispute. The applicant herein, whose husband is murdered is blessed with two sons aged about 5 and 7 years. In view thereof, it will be appropriate, in my opinion to release the applicant on bail. 7.

The applicant - Shital Ramnath Dighe shall be released on bail in connection with the Crime No.I-38/2015 registered at Loni Police Station, Taluka Rahata, District Ahmednagar, for the offences punishable under Section 302, 120-B with Sec. 34 of the Indian Penal Code, upon furnishing P.R. Bond of Rs.15,000/- with one surety in the like amount.

8.

Criminal Application stands allowed in above terms. ( N.W. SAMBRE, J.) vvr