Manjusha W/O Badal Patil v. State Of Mah., Thr. P.S.O. P.S. Sewagram

1 BA.334.20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO.334 OF 2020 Manjusha w/o Badal Patil ..VS..

State of Maharashtra through Police Station Officer, Police Station, Sewagram. --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. A. K. Sorde, counsel for the applicant.

Mr. H. R. Dhumale, APP for the non-applicant/State. CORAM : AVINASH G. GHAROTE, J.

DATED : 16/07/2020 Hearing was conducted through Video Conferencing and the learned Counsel agreed that the audio and visual quality was proper.

Heard Mr. Sorde, learned counsel for the applicant, who is being charged for the offences punishable under Sections 302, 143, 147, 148 and 149 of the Indian Penal Code in Crime No.385 of 2019 by Police Station, Sewagram. The date of the incident is 03.08.2019, on which date the husband of the applicant along with the applicant is said to have assaulted the deceased Vasantrao. The assault was by the husband of the applicant by means of knife and by the applicant by using a stick. The applicant is aged 23 years, housewife with two minor children who are said to be with her in jail. The charge-sheet has already been filed and nothing more remains to be investigated.

Considering the peculiar circumstances, though an overt act has been attributed to the applicant, and though the learned Additional Public Prosecutor

2 BA.334.20 Mr. Dhumale, vehemently opposes the application, I do not think any purpose would be served by continuing the custody of the applicant in jail, that too when the applicant has two minor children aged 2 years and below. I therefore, pass the following order.

ORDER

1] The applicant be released on bail for the offences punishable under Sections 302, 143, 147, 148 and 149 of the Indian Penal Code in Crime No.385 of 2019 registered with Police Station, Sewagram, Dist. Wardha, on her executing a P.R. bond in the sum of Rs.25,000/-(Rupees Twenty Five Thousand Only) with one solvent surety in like amount.

2] The applicant shall not tamper with the evidence nor threaten the witnesses.

3] The applicant and her children be first tested for Covid - 19 twice during the next fortnight and upon the report coming negative, and the applicant having complied with the above conditions, she be released on bail.

Criminal Application is accordingly allowed and disposed of.

This order be communicated to the counsel appearing for the parties, either on the email address or on WhatsApp or by such other mode, as is permissible in law.

JUDGE Sarkate