Nabila Begum W/O Kalimoddin Inamdar v. The State Of Maharashtra And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 6976 OF 2015 Nabila Begum w/o Kalimoddin Inamdar, Age: 23 years, Occ: Nil, R/o. Roja Mohalla, Kaij, Tq. Kaij, Dist. Beed.

...Applicant versus The State of Maharashtra Through Investigation Officer, The Police Inspector, Police Station, Kaij, Tq. Kaij, Dist. Beed & ors.

...Respondents

.....

Mr. H.P. Jadhav, Advocate for applicant Mr. M.M. Nerlikar, A.P.P. for respondent/State .....

CORAM : N.W. SAMBRE, J.

DATE : 29th FEBRUARY, 2016 ORAL ORDER :

Learned Sessions Court, Ambajogai by an order dated 20/03/2015 has granted regular bail to respondent Nos. 2 and 3, who are public servants, in Crime No. 130 of 2014 for the offence punishable under Sections 307, 498-A read with Section 34 of Indian Penal Code.

2.

Present application under Section 439(2) of Code of Criminal Procedure is moved by complainant seeking cancellation of bail.

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Learned Counsel for the applicant submits that bail needs to be cancelled on two counts; (a) that there is threat to the applicant as regards tampering of evidence and has invited attention of this Court to the report lodged by applicant to the Superintendent of Police, employer of respondents/accused and (b) that respondents have performed third marriage.

4.

In the background of what has been stated in the first information report, it is required to be noted that learned Sessions Court after considering the fact that the investigation in the matter is already over was pleased to release respondents on regular bail. So far as the issue of third marriage is concerned, the same is an issue, which can be gone into under personal law.

5.

No case for cancellation of bail is made out. The application fails, stands rejected.

[ N.W. SAMBRE, J. ] Tupe/29.02.16