Sau. Sulochana W/O Dhanraj Thakare ( In Jail) v. The State Of Maharashtra Thr. Pso, Ps Gobarwahi, Tq. Tumsar, Dist. Bhandara
2025:BHC-NAG:2347
(1) 46 ba 182.25.odt.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO.182 OF 2025 Sau. Sulochana w/o Dhanraj Thakare (in Jail) Vs.
The State of Maharashtra, through Police Station Officer, Police Station, Gobarwahi Tq. Tumsar Dist. Bhandara -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. A.G. Hunge, Counsel for the applicant.
Mr. D.V. Chauhan, P.P. and Senior Counsel assisted by Mr. N.B. Jawade, APP for the non-applicant/State.
CORAM : URMILA JOSHI-PHALKE, J.
DATED : 06/03/2025 1.
The applicant came to be arrested in connection with Crime No.224/2024 registered with Police Station, Gobarwahi District Bhandara, for the offences punishable under Section 103 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 on an allegation that the deceased who is her son was assaulted by the present applicant and other coaccused and caused his death due to previous dispute between them. On the basis of the said report police have registered the crime.
2.
Heard learned counsel for the applicant who submitted that entire case is based on one eye witness, who is child witness. Even considering his statement on record no role is attributed to the present applicant. As per the statement of the said
(2) 46 ba 182.25.odt. eye witness present applicant was watching from some distance about the incident which took place between the deceased and co-accused. No blood stain clothes are recovered at the instance of the present applicant. Thus only because of she is the mother and wife of the other co-accused she is implicated in the alleged incident.
3.
Learned APP strongly opposed the application and submitted that considering the gravity of the offence bail application deserves to be rejected.
4.
On hearing of the both the sides and on perusal of investigation papers, it reveals that entire case is based on the child eye witness who has not attributed any role to the present applicant. Now the investigation is completed and charge-sheet is filed. Further custodial interrogation of the present applicant is not required. In view of that the application deserves to be allowed. Accordingly I proceed to pass following order:
ORDER
(i) The application is allowed.
(ii) The applicant Sulochana w/o Dhanraj Thakre, shall be released on bail in Crime No.224/2024, registered with Police Station Gobarwahi District: Bhandara for the offences punishable under Section 103 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 on executing PR bond in the sum of Rs.25,000/-
(3) 46 ba 182.25.odt. (Rupees Twenty Five Thousand Only) with one solvent surety in the like amount.
(iii) The applicant shall not directly or indirectly make any inducement and threat or promise to any person acquainted with the facts of the present case.
(iv) The applicant shall attend the concerned proceeding before the concerned Court without seeking any exemption unless there are exceptional circumstances.
(v) The applicant shall furnish her address along with two addresses of her relatives.
5.
The application is disposed of.
(URMILA JOSHI-PHALKE, J.) manisha