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Bombay High CourtABA/1259/2025application allowed

Parvatibai Suryakant Barve And Another v. The State Of Maharashtra And Another

2025-10-13Hon'Ble Shri Justice Neeraj P. Dhote3 pages

2025:BHC-AUG:28731 1 43ABA1259.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

43 ANTICIPATORY BAIL APPLICATION NO. 1259 OF 2025 1.

Parvatibai Suryakant Barve 2.

Indumati @ Indubai Ganpatrao Barve ...Applicants

VERSUS

The State Of Maharashtra And Another

...Respondents

...

Mr. Sudarshan J. Salunke - Advocate for Applicant Mr. G. A. Kulkarni - APP for State ...

CORAM : NEERAJ P. DHOTE, J.

DATED : 13RD OCTOBER, 2025 PER COURT : - 1.

Heard the learned Advocate for the Applicants and the learned APP for the State. Perused the papers on record. 2.

It is the case of the Prosecution that, out of long standing ancestral property dispute, the FIR-named accused committed murder of nephew of the Applicants in the evening of 10.06.2025, in the agricultural field. As the incident was reported to the Police, Crime No. 0174 of 2025 came to be registered with Sonpeth Police Station, Parbhani, for offences punishable under Sections 103(1), 49, 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. Since the Applicants are named as Accused, they are apprehending arrest.

2 43ABA1259.2025.odt 3.

The FIR is registered on the report of cousin brother of Deceased Mahaveer. The FIR indicate some property dispute between both the sides. The Applicants, who are women and maternal aunts of the Deceased, were present in the meeting which took place between both the sides to settle the matter, and according to the Informant, they both instigated Co-accused to eliminate the Deceased. This is the only role attributed to the present Applicants, who are women, aged 52 to 75 years, respectively. It is not the case of the Prosecution that, the Applicants were present at the time of commission of offence. The other aspect pointed out by the learned APP is that Applicant No. 1 was in contact with Co-accused No. 1 Samadhan at the relevant point of time. Undisputedly, the Applicant No. 1 is the mother of Co-accused No. 1 - Samadhan.

4.

Considering the role attributed to the Applicants and the above aspects, in my view, they can be protected by imposing conditions. Hence, the following order: -

ORDER

[i] The Application is allowed.

[ii] In the event of arrest of the Applicants, namely, Parvatibai Suryakant Barve, Indumati @ Indubai Ganpatrao Barve, in connection with Crime No. 0174 of 2025 registered with Sonpeth Police Station, Parbhani, they be released on bail on their furnishing P.B. of Rs. 15,000/- [Rupees Fifteen

3 43ABA1259.2025.odt Thousand] each, with one or two sureties in the like amount.

[iii] The Applicants shall attend Sonpeth Police Station, District Parbhani, from 15th to 18th October, 2025 between 10:00 am to 02:00 pm, and thereafter, as and when called. [iv] The Applicants shall not tamper with the prosecution evidence in any manner, whatsoever.

[v] The Applicants shall cooperate with the Investigating Agency.

[vi] The Application stands disposed off.

[NEERAJ P. DHOTE] JUDGE SG Punde Signed by: Sandeep Gulabrao Punde Designation: PS To Honourable Judge Date: 13/10/2025 16:51:07