Kailas S/O. Rekha Chauhan (In Jail) v. State Of Maharashtra Thr. Police Station Officer, Police Station Ansing Dist. Washim

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) NO.68/2018 Kailas s/o Rekha Chauhan ..vs..

State of Mah., thr. PSO PS Ansing, District Washim ....................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ....................................................................................................................................................... Shri A.S. Deshpande, Counsel for the applicant. Shri T.A. Mirza, Addl.P.P. for the State.

CORAM

: V.M. DESHPANDE, J.

DATED : JANUARY 30, 2018.

1.

This is an application for bail.

2.

Heard learned counsel Shri A.S. Deshpande for the applicant and learned Additional Public Prosecutor Shri T.A. Mirza for the State.

3.

The applicant, who is father-in-law of complainant Sau. Sunita Shivchand Chauhan, was arrested in connection with Crime No.0166/2017 registered with Police Station Ansing, Taluka and District Washim for the offences punishable under Sections 307 and 498A read with Section 34 of the Indian Penal Code. 4.

The applicant was arrested on 18.9.2017. Therefore, he is before this Court for enlargement on bail. 5.

The incident in question has occurred on 21.8.2017. However, First Information Report (FIR) was lodged after lapse of 7 .....2/-

days. The crime was registered on 8 th day.

6.

Complainant Sau. Sunita Shivchand Chauhan was married on 4.5.2017 with Shivchand, son of the applicant. 7.

According to the FIR, the applicant caught hold hands of Sunita and, thereafter, his son Shivchand administered poisonous substance.

8.

The investigation is over and the charge-sheet is filed. 9.

In view of the role attributed to the applicant and the charge-sheet is filed, in my view, the applicant is required to be released on bail. That leads me to pass the following order:

ORDER

(a) The criminal application is allowed.

(b) Applicant Kailas s/o Rekha Chauhan, be released on bail on his executing a P.R. Bond in the sum of Rs.25,000/- with two solvent sureties of the like amount in connection with Crime No.0166/2017 registered with Police Station Ansing, Taluka and District Washim for the offences punishable under Sections 307 and 498A read with Section 34 of the Indian Penal Code.

(c) It is made clear that observations made in this order are purely for deciding the application for grant .....3/-

of bail only and learned Judge of the Court below, who shall be trying the case, shall not get influenced by the observations made in this order.

(d) With this, the criminal application is allowed and disposed of.

(e) In view of disposal of the main application, misc. criminal applications, if any, also stand disposed of.

JUDGE !! BRW !!

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