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Bombay High CourtBA/348/2016allowed

Sunita S/O Dadarao Surya (In Jail) v. The State Of Maharashtra Through P. S. O., Umarkhed, Yavatmal

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

1 ba348.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO.348 OF 2016 (SUNITA DADARAO SURYA...VS..STATE OF MAH. THR. PSO PS UMARKHED, DIST.YAVATMAL) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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 Aditya Mane, advocate for the applicant and Shri R.S. Nayak, A.P.P. for the non-applicant. The applicant (female aged about 45 years) is arrested on 9th November, 2015 in crime registered against her and her son for the offence punishable under Section 302 and 34 of the Indian Penal Code on the accusations that she is involved in murder of brother of husband of the applicant. According to the prosecution, the complainant saw the applicant and her son Datta beating the deceased. The facts on record show that the incident has occurred on the spur of moment. Charge-sheet is filed on 2nd February, 2016. The non-applicant has not been able to show that the custody of the applicant is required for further investigation.

Considering the facts on record, in my view, the applicant is entitled to be released on bail. Hence, the following order :

2 ba348.16 The applicant having been arrested in Crime No. 188 of 2015, she be released on bail on furnishing P.R. Bond for Rs.Twenty Thousand and one solvent surety in the like amount.

The application is allowed in the above terms. JUDGE RRaut..