Sonabai W/O. Kaluram Fatpure And ANR v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 918 BAIL APPLICATION NO. 1531 OF 2020

1. SONABAI W/O. KALURAM FATPURE

2. KRISHNA S/O KALURAM FATPURE 2.

VERSUS

THE STATE OF MAHARASHTRA ......

Advocate for Applicants : Mr. Gore Ravindra Vitthal APP for Respondent-State : Mr. A. S. Shinde .....

CORAM : V. K. JADHAV, J.

DATED : 05TH JANUARY, 2021 PER COURT :- 1.

The applicants are seeking regular bail in connection with Crime No. 373 of 2020 registered with Chikalthana (Gramin) Police Station, Aurangabad for the offence punishable under Sections 307, 326, 324 read with 34 of IPC. Their application with similar prayer bearing Bail Petition No. 1875 of 2020 came to be rejected by the I/c. District Judge-14 & Additional Sessions Judge, Aurangabad vide order dated 09.12.2020.

2.

Heard both sides.

3.

Though I find names of the applicants mentioned in the FIR with a specific role attributed to them, however, on perusal of the investigation papers, it appears that the informant has sustained simple injuries. Though witness Vaibhav has sustained grievous injury on the occipital region of his head, however, the present applicants are not the authors of the said injury. It appears that the incident had taken place as of sudden without any premeditation. There is no criminal history. Applicant no.1 is an aged woman and applicant no.2 is her son taking education. The applicants and the informant are neighbours. Thus, considering the entire aspect of the case, by imposing certain conditions, I am inclined to release the applicants on bail. Hence, following order.

O R D E R

I.

The application is hereby allowed.

II.

The applicants 1. SONABAI W/O. KALURAM FATPURE and 2. KRISHNA S/O KALURAM FATPURE be released on bail in connection with Crime No. 373 of 2020 registered

with Chikalthana (Gramin) Police Station, Aurangabad for the offence punishable under Sections 307, 326, 324 read with 34 of IPC, on furnishing P.B. of Rs.15,000/- each with one surety each of the like amount on the following conditions :- a] The applicants shall not tamper with the prosecution evidence in any manner.

b] The applicant no.2 shall attend the concerned police station once in a week i.e. on every Sunday between 08.00 a.m. to 11.00 a.m. till filing of the charge sheet. c] The applicant no.1 shall make herself available as and when required by the Investigating Officer in carrying out further investigation into the crime, if any. III. Application is accordingly disposed of.

( V. K. JADHAV, J. )