Bombay High CourtBA/313/2016allowed

Leelabai Wd/O Deoraoji Thakare v. The State Of Maharashtra, Thr. P.S.O. P.S. Nandanvan, Nagpur

2016-05-05Hon'Ble Shri Justice Z.A. Haq2 pages

1 ba313.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO.313 OF 2016 (LEELABAI DEORAOJI THAKARE...VS..STATE OF MAH. THR. PSO PS NANDANVAN, NAGPUR) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A.HAQ, J.

DATED : MAY 05, 2016.

Heard Shri R.R.Prajapati, advocate for the applicant and Shri N.B.Jawade, A.P.P. for the non-applicant. The applicant (female aged about 50 years) is arrested on 13th March, 2016 in the crime registered against her and her son for the offences punishable under Sections 302, 304-B and 34 of the Indian Penal Code.

According to the prosecution, the applicant and her son meted out harassment and cruel treatment to deceased Ashwini (daughter in law of the applicant). The applicant claims that her son and deceased Ashwini were residing separately, though in the same house. The prosecution claims that the applicant was present at the time of the incident and relying on the alleged dying declaration of deceased Ashwini it is submitted that the applicant abused her just before the incident.

2 ba313.16 Considering the nature of accusations against the applicant, the facts on record and as the non-applicant has not been able to show that the custody of the applicant is required for further investigation, in my view, the applicant is entitled to be released on bail.

Hence, the following order :

The applicant having been arrested in Crime No.99 of 2016, registered by the non-applicant, the applicant be released on bail on furnishing P.R. Bond for Rs.Twenty Five Thousand and one solvent surety in the like amount. The application is allowed in the above terms. JUDGE RRaut..