Sampat Ashok Mate v. Chandrakala W/O. Bhausaheb Navgire And Others

929-ACB-241-22 (+1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD APPLICATION FOR CANCELLATION OF BAIL NO. 241 OF 2022 Sampat Ashok Mate .... Applicant

Versus

Rajendra Bahusaheb Navgire and others .... Respondents WITH APPLICATION FOR CANCELLATION OF BAIL NO. 246 OF 2022 Sampat Ashok Mate .... Applicant

Versus

Chadrakala W/o. Bahusaheb Navgire and others .... Respondents ......

Mr. K.N. Shermale, Advocate for the Applicant Mr. Chandrakant K. Shinde, Advocate for Respondent No.1 in ACB/241/2022 and for Respondent Nos.1 and 2 in ACB/246/2022 Mr. A.A. Jagatkar, APP for Respondents - State ......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 17th FEBRUARY, 2023 ORDER :

1.

By these applications, the applicant seeks cancellation of anticipatory bail granted in favour of accused Rajendra Bhusaheb Navgire, Chandrakala Bhausaheb Navgire and Dipli Balasaheb Navgire by the learned Additional Sessions Judge-2, Newasa vide order dated 16.11.2022 in Crime No. 314 of 2022 registered with Sonai Police Station, District Ahmednagar for offences punishable under sections 307, 143, 147, 148, 149, 323, 504, 506 read with 34 of the Indian Penal Code.

929-ACB-241-22 (+1) 2.

The Sessions Court, at the time of granting anticipatory bail has taken into consideration that the role attributed to the accused persons is limited to the extent of entering in the field of the informant and holding his hand, and the Sessions Court, therefore was of the view that since the accused persons have co-operated in the investigation pursuant to the interim order passed in their favour, and nothing is to be recovered from them, and therefore, bail was granted to them.

3.

Two of the accused persons are women, and taking into consideration the role attributed to the accused persons in the present crime, this Court is of the considered view that the Sessions Court has rightly allowed their anticipatory bail applications. There is no illegality or perversity in the impugned orders passed by the Sessions Court. 4.

The applications, being devoid of merit, are rejected. [ NITIN B. SURYAWANSHI ] JUDGE S.P. Rane