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Bombay High CourtABA/1645/2024application allowed

Sunandabai Nana Patil And Another v. The State Of Maharashtra

2024-12-19Hon'Ble Shri Justice R. M. Joshi2 pages

2024:BHC-AUG:30693

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 964 ANTICIPATORY BAIL APPLICATION NO. 1645 OF 2024

1. SUNANDABAI NANA PATIL

2. MAYA VIJAY PATIL

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicants : Mr. Patil Vijay Bhalerao APP for Respondent : Mrs. A.S. Mantri ...

CORAM :

R.M. JOSHI, J.

DATE :

19th DECEMBER, 2024 PER COURT :

1.

Applicants are ladies. There is allegation against them in the First Information Report bearing No. 177/2024 registered with Bodwad Police Station, Taluka Bodwad, District Jalgaon, about they had beaten the informant with fists and kick blows. Except from this, there is no other allegation against them. No doubt, in the said incident husband of the informant was assaulted by co-accused. It is alleged that due to the said assault, he died.

2.

Learned counsel for the applicants submits that there is no evidence to show involvement of the applicants in his murder. Applicants have no criminal history. They deserve to be released on bail. 3.

Learned APP opposed the grounds on the ground of seriousness of crime. She has relied upon the statement of eyewitnesses to indicate that the incident of assault which take place in which the husband of the informant died.

4.

There is nothing on record to show that the applicants herein were party in causing of assault on the deceased. The only allegation against

964.odt them that they assaulted informant with fists and the kick blows. Thus, on the face of it, they cannot be held responsible for the death of deceased. Applicants have no criminal history.

5.

Hence, Anticipatory Bail Application is allowed in terms of interim relief dated 30.09.2024.

( R.M. JOSHI, J. ) spc