Ravji S/O Bajirao Kadam And ANR v. The State Of Maharashtra

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.5088 OF 2015 Ravji s/o Bajirao Kadam and anr.

..APPLICANTS

VERSUS

The State of Maharashtra ..RESPONDENT Mr S.N. Janakwade, Advocate for applicants;

Mrs M.A. Deshpande, A.P.P. for respondent CORAM : N.W. SAMBRE, J.

DATE : 12th October, 2015 ORAL ORDER :

By this application, the applicants seek their release on bail, in the event of their arrest, in connection with C.R. No.80 of 2015, registered with Police Station, Mudkhed, Taluka Mudkhed, District Nanded, for offences punishable under sections 315, 323, read with sec. 34 of the Indian Penal Code.

2.

Learned Counsel appearing on behalf of the applicants, upon instructions, does not press the application to the extent of applicant no.1 Ravji s/o Bajirao Kadam. Hence, the application to the extent of applicant no.1 stands dismissed being not pressed.

3.

So far as the application for grant of pre-arrest bail to applicant no.2 Pranita D/o Bajirao Kadam is concerned, it is required to be taken note of the fact that she being a lady, aged about 23 years, her prayer needs to be considered favourably, on the following considerations.

(2) 4.

Perusal of the first information report reflects that the husband of complainant Anusayabai, i.e. applicant no.1 Ravji has administered some medicinal tablets, which according to her, were brought by applicant no.2 Pranita.

5.

Apart from above, no other role is attributed to applicant no.2 Pranita.

6.

It is needless to mention that in-laws of the complainant, namely, Bajirao Bhujangrao Kadam and Subhadra Bajirao Kadam are already ordered to be released on pre-arrest bail by the Sessions Court vide order dated 7th September, 2015, passed in Misc. Cri. Application No.489 of 2015.

7.

In view of above, in my opinion, it will be appropriate to extend protection to applicant no.2 Pranita, on the same terms on which the other two accused were admitted on pre-arrest bail by the Sessions Court. I, therefore, pass following order :- In the event of arrest of applicant no.2 Pranita D/o Bajirao Kadam, in connection with C.R. No.80 of 2015, registered with Police Station, Mudkhed, Taluka Mudkhed, District Nanded, for offences punishable under sections 315, 323, read with sec. 34 of the Indian Penal Code, she be released on bail, on furnishing P.R. Bond of Rs.15,000/- with one solvent surety in the like amount.

Applicant no.2 Pranita D/o Bajirao Kadam shall co-operate the investigating agency if and when called for interrogation. Applicant no.2 Pranita D/o Bajirao Kadam shall not tamper with the evidence and pressurize the neighbouring witnesses, complainant, her daughters or relatives.

(3) Criminal Application stands partly allowed in above terms. (N.W. SAMBRE, J.) amj