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Bombay High CourtBA/372/2015allowed

Smt. Chanda W/O Pradip Thakur v. State Of Maharashtra, Through P.S.O. Ganeshpeth, Nagpur

2015-06-18Hon'Ble Shri Justice A.B. Chaudhari3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY:

NAGPUR BENCH : NAGPUR Criminal Application [BA] No. 372 of [Smt. Chanda Pradip Thakur Vs. State of Mah.] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Mr. O.K. Masurke, Adv., for the Applicant.

Mr. Khan, APP for respondent.

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CORAM

:

A.B. CHAUDHARI, J.

DATE :

18th June, 2015.

Heard learned counsel for the rival parties.

The applicant is prosecuted for the offences under Sections 212 and 201 of Indian Penal Code in Crime No. 98 of 2014 for offences punishable under Sections 302, 201, 212, 109, 147 and 148 of Indian Penal Code.

It is not in dispute that the only allegation against the applicant is about harboring of the accused persons committing the offence of murder. It is not even the allegation that she is responsible or has any role in commission of murder.

Learned APP has shown to me the crime chart in relation to the applicant which indicates earlier offences

under the NDPS Act to her credit. The last offence is of the year 2009.

Learned counsel for the applicant on behalf of the applicant submits that the applicant will not indulge in any such offence and as a last chance, she be released on bail and she undertakes not to commit any such offence.

In my opinion, though it is true that the applicant has consistently been prosecuted for the offences under the NDPS Act, the last offence was of the year 2009. At any rate, since this Court is considering the plea for bail in the instant crime, it is seen that the offence for which she is charged is not punishable for more than five years. Therefore, the applicant would be entitled to grant of bail. However, her criminal antecedents definitely are required to be taken into consideration. But then, as a last chance for her, looking at her age, I am inclined to make the following order:-

O R D E R

[a] Criminal Application No. 372 of 2015 is allowed.

[b] Applicant be released on bail upon furnishing a Personal Bond in a sum of Rs.

10,000/- [rupees ten thousand only] with one surety in the like amount.

[c] Applicant shall report to Ganeshpeth Police Station, Nagpur, on last Sunday of every month between 11.00 a.m., and 4.00 p.m., [d] The Applicant shall not indulge in crime;

else the concerned Police Station shall report to this Court and apply for cancellation of bail.

Judge |hedau|