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Bombay High CourtAPPLN/4389/2015disposed off

Varsha W/O Sopan Bongane And ANR v. The State Of Maharashtra

2015-08-26Hon'Ble Shri Justice Nitin W. Sambre3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4389 OF 2015 1) Varsha w/o Sopan Bongane, 2) Jyoti w/o Abasaheb Bongane, Both R/o Shevga, Tq. Ambad, Dist. Jalna.

...Applicants versus The State of Maharashtra.

...Respondent

AND CRIMINAL APPLICATION NO. 4626 OF 2015 IN CRIMINAL APPLICATION NO. 4389 OF 2015 Sudarshan Sheshrao Khore, R/o Shevga, Tq. Ambad, Dist. Jalna.

...Applicant versus 1) Varsha w/o Sopan Bongane, 2) Jyoti w/o Abasaheb Bongane, Both R/o Shevga, Tq. Ambad, Dist. Jalna.

3) The State of Maharashtra.

...Respondents

.....

Mr. S. J. Salunke, Advocate for applicants in Cr. Appln. No. 4389/2015 and for respondent No. 1 & 2 in Cr. Appln. No. 4626/2015 Mr. M. S. Bhosale, Advocate for applicant in Cr. Appln. No. 4626/2015 Mr. R. P. Phatke, A. P. P. for respondent/State. .....

CORAM : N.W. SAMBRE, J.

-2- DATE : 26th AUGUST, 2015 ORAL ORDER :

The application on behalf of the complainant to assist A.P.P., in view of the cause cited in the application, stands allowed. 2.

Heard Mr. Salunke, learned Counsel for the applicants, Mr Bhosale, learned Counsel alongwith Mr. R.P. Phatke, A.P.P. for respondent State.

3.

The prosecution case against the present applicants is that they have assaulted alongwith their husband to one Uddhav and complainant.

So far as death of Sheshrao is concerned, no direct involvement of the present applicants are noticed. 4.

Alongwith other accused, the applicants are charged with offence punishable under Sections 302, 143, 147, 149, 324, 323, 504, 506 of the Indian Penal Code. The applicants were arrested on 21/07/2015 and behind the bars since then. It is not in dispute that applicant No.2 blessed with three children, whereas the applicant No. 1 is having two children. Their husbands are already arrested in the present crime.

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There is nothing to be recovered from the present applicants in view of the accusation in the F.I.R. 6.

In view of above, it will be appropriate, in my opinion, to order the release of the present applicants on bail. Hence, I pass the following order.

The applicants be released on bail, upon furnishing P.R. bond of Rs. 10,000/- (Rs. Ten thousand) by each of the applicant, with one surety in the like amount, in connection with Crime No. 157/2015 registered with police station, Ambad, Dist. Jalna for the offence punishable under Sections 302, 143, 147,149, 324, 323, 504, 506 of Indian Penal Code and shall keep away from the jurisdiction of Ambad police station till date of filing of the charge sheet. The applicants shall also attend the concerned police station as and when summoned and shall co-operate with the Investigating Agency. 7.

Criminal Application for grant of bail is allowed. [ N.W. SAMBRE, J. ] Tupe/26.08.15