Laxmibai W/O. Karbhari Gadekar And Another v. The State Of Maharashtra
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD BAIL APPLICATION NO.1659 OF 2022 1.
Laxmibai W/o. Karbhari Gadekar 2.
Jyoti W/o. Mahesh Lad ...Applicants
Versus
The State Of Maharashtra
...Respondent
...
Advocate For Applicants : Mr. Kale Datta Sundarrao App For Respondent/State : Mr. V.M. Kagne ...
CORAM : S.G. MEHARE, J.
DATED : 19th OCTOBER, 2022 PER COURT:- 1.
Heard learned counsel for the applicants and learned APP for the State.
2.
Perused the charge sheet.
3.
The applicant no.1 is the mother-in-law and applicant no.2 is a widow sister-in-law of the deceased. The FIR reveals that initially, the deceased was complaining against the applicant and her husband that they were harassing her on the trivial reasons. That time, her parents were explaining her. Thereafter, her husband started ill-treating her. He was also explained. Thereafter, the story took a turn and it was alleged that the husband started demanding Rs.2 lacs to set his cloth shop. On 09.09.2022, the husband left the deceased to her parents and demanded them Rs.2 lacs and
(2) threatened them that he would fetch her back only when they would pay him money. Again the story took a turn. On 13.09.2022, the husband of the deceased went to fetch her back. He apologized the parents of the deceased and assured them he would not harass her and fetched her back. Second day, she committed suicide. 4.
On the basis of the above allegations, the applicants have been arrested on 15.09.2022. Learned counsel for the applicants would submit that in four room block, the deceased and her husband were residing in the separate room. Applicant no.2, the widow is residing with her mother. They never ill-treated the deceased. The applicants have been implicated falsely only being the close relatives of the husband and residing in the same block. Applicant no.2 has small children of two years and twelve months. Both the applicants were taking care of the children but since they have been sent behind bars, nobody is there to look after the children. The small children are at the mercy of the relatives. In that view of matter, it would be unjustifiable to keep the applicants behind the bars. Hence, the following order :
ORDER
(i) Bail Application is allowed.
(ii) The applicants, (1) Laxmibai W/o. Karbhari Gadekar and
(2) Jyoti W/o. Mahesh Lad, be released on bail on executing P.B. and S.B. of Rs.15,000/- (Rupees Fifteen Thousand) each with one surety
(3) in the like amount in connection with Crime No.801/2022, registered at MIDC Waluj Police Station, District Aurangabad for the offences punishable under Sections 304-B, 323, 504 read with Section 34 of the Indian Penal Code on the condition that they shall not tamper with the prosecution evidence.
(S.G. MEHARE, J.) Mujaheed//