Sukhdev S/O Sakharam Kamble And Others v. The State Of Maharashtra

( 1 ) cria5234.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 5234 OF 2016 Sukhdev s/o. Sakharam Kamble & Ors.

..

Applicants

Versus

The State of Maharashtra ..

Respondent Mr. Shaikh Kayyum Najir, Advocate for the applicants. Mr. S.J. Salgare, APP for respondent/State.

CORAM : A.M. BADAR,J.

DATED :

03.10.2016 P.C. :- 1.

Applicants/accused in Crime No.I-111 of 2016 for offences punishable under sections 307, 143, 149, 323, 504 and 506 of the Indian Penal Code, registered with Khultabad Police Station, Dist. Aurangabad, by this application are seeking pre-arrest bail.

2.

Heard learned Counsel for applicants/accused. By pointing the recitals in the F.I.R. he argued that the informant on earlier occasion had eloped with some Sumit Kumar - cousin nephew of her husband and the incident in question happened subsequently. Learned Counsel further pointed out documents scribed on stamp paper with heading as affidavit and submitted that the informant has stated that henceforth she will not continue her marital tie

( 2 ) cria5234.16 with her husband - Dadarao and that she will reside with Sumit kumar. Learned Counsel further pointed out similar document executed by Dadarao Kamble. With this it is argued that burn injuries were to the lower portion of body of the informant and the applicants are falsely implicated in the crime in question. My attention was also drawn to order dated 18.08.2016 passed in Criminal Application No. 3853 of 2016.

3.

Learned A.P.P. opposed the application. Perused the case papers of charge-sheet. Injured Ujwala suffered 51% burn injuries. In her statement she has categorically ascribed roll of each and every applicant in burn injuries suffered by her. In this view of the matter, no case for pre-trial arrest is made out. The application is therefore rejected.

[A.M. BADAR,J.] /2016/ 16/ snk OCT cria5234.16