Usha W/O Ramchandra Yelke v. The State Of Maharashtra

1 Cri. Appln. 6885-2014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 6885 OF 2014 Usha W/o Ramchandra Yelke, Age 40 years, Occu. Household, R/o Sakhara, Tal. & Dist. Latur .. Applicant

VERSUS

The State of Maharashtra, Through Police Inspector, Police Station, Gategaon, Tal. and Dist. Latur .. Respondent .....

Mr. Sachin S. Bhise, Advocate for the applicant Mr. S.M. Jadhav, APP for the respondent-State ......

CORAM : M.T. JOSHI, J.

DATED : 16/02/2015 ORAL ORDER :

1.

Heard both sides.

2.

The present applicant, who is arrested by Gategaon Police Station, Dist. Latur in Crime no. 12 of 2014 for the offences punishable under section 302 r/w. 34 of the Indian Penal Code, is praying for her release on bail.

2 Cri. Appln. 6885-2014 3.

Her earlier application bearing Criminal Application no. 6011 of 2014 was allowed to be withdrawn by this Court on 24/11/2014 with liberty to file similar application if the trial could not be concluded within six months. Therefore, the present application.

4.

The reading of the entire record would show that the deceased was residing with his in-laws. The present applicant is the wife of the deceased. There was a quarrel regarding the marriage of the daughter of the couple with a person, who was not liked by the deceased. In the circumstances, as per the statement of Sunil, the son of the present applicant, as well as the deceased, the incident occurred in the house in which the brother of the present applicant - Gopal has assaulted the deceased with katti. The present applicant has joined in the quarrel and, therefore, the offence came to be registered.

3 Cri. Appln. 6885-2014 5.

Upon hearing both the sides and finding that the applicant is a woman and the trial could not be concluded within a reasonable period, in the nature of the allegations against her, she deserves to be released on bail.

6.

Hence, the following order:- I) The Application is allowed.

II) The applicant be released on bail in Crime no. 12 of 2014 registered with Gategaon Police Station, Dist. Latur for the offences punishable under section 302 r/w 34 of the Indian Penal Code, upon her executing P.R. bond in the sum of Rs.20,000/- (Rs.Twenty Thousand) and also upon furnishing surety in the like amount.

[M.T. JOSHI] JUDGE arp/-