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Bombay High CourtABA/1346/2023application allowed

Janabai Vinod Rathod v. The State Of Maharashtra

2023-12-20Hon'Ble Shri Justice R. M. Joshi2 pages

2023:BHC-AUG:26936 929-ABA-1346-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 1346 OF 2023 Janabai Vinod Rathod ....Applicant

VERSUS

The State Of Maharashtra

...Respondent

...

Mr. B. S. Chondhekar, Advocate for Applicant Mr. N. B. Patil, APP for Respondents ...

CORAM:R.M. JOSHI, J DATE :DECEMBER 20, 2023 PER COURT :

1.

Applicant apprehends arrest in connection with with C.R. No. 147 of 2023 registered with Aundha Nagnath Police Station, Dist. Hingoli for the offences punishable under Sections 143, 147, 148, 149, 353, 336, 427, 323, 504, 506 of the Indian Penal Code.

2.

Learned Counsel for the Applicant submits that similarly placed co-accused i.e. in-laws of the present Applicant are protected by granting anticipatory bail by this Court in ABA/960/2023. Thus, he seeks parity. 3.

Learned APP opposed the application by relying upon the statements of the witnesses indicating

929-ABA-1346-2023.odt involvement of the Applicant in this crime.

4.

Applicant is a lady. Even if the statements of the witnesses are accepted to be true, the offence alleged against her cannot travel beyond she making some attempt in order to avoid arrest of her husband. Co-accused against whom similar role is alleged are granted anticipatory bail. Hence, there is no reason to deny parity. Hence, application is allowed by confirming interim order dated 18th August, 2023. (R. M. JOSHI, J.) Malani