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Bombay High CourtBA/791/2020allowed

Jaya Vishram Sarkate And 2 ORS. v. State Of Mah. Thru. Pso Patur

2020-08-03Hon'Ble Smt. Justice Pushpa V. Ganediwala3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

LD-VC-CRIMINAL APPLICATION (BA) NO.

OF 20 (Jaya Vishram Sarkate & 2 Ors. vs. State of Maharashtra, thr. PSO, PS, Patur, Tq. Patur, District - Akola) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Shri H.M. Mohta and Shri K.H. Anandani, Advocates for the applicants.

Shri J.Y. Ghurde, APP for the non-applicant - State. .....

CORAM : PUSHPA V. GANEDIWALA, J.

AUGUST 03, 2020.

Heard Shri Mohta and Shri Anandani, learned counsel for the applicants and Shri Ghurde, learned APP for the non-applicant - State, through Video conferencing.

The applicants are said to be arrested in Crime No. 159 of 2020 registered at Police Station, Patur, District - Akola, for the offence punishable under Sections 143, 146, 147, 148, 149, 307, 324, 504 and 506 of the Indian Penal Code. Later on, Section 302 of Indian Penal Code came to be added as the deceased Balu succumbed to death.

Perused the application, affidavit-in-reply and the documents annexed.

The incident is the result of quarrel over the filling of water at public water tap. Weapons used are pot of water, knife and sticks.

There are seven accused involved in this crime, however, the role attributed to the present three applicants, who are female members, is only to the extent of assault with fists and blows and stick. Admittedly, the alleged murder is not a pre-planned murder and it is the outcome of quarrel over filling of water. The present three applicants being female accused and considering the role attributed to them and since the investigation is almost completed, no fruitful purpose would be served in putting them behind the bars. Hence, I am inclined to release them on bail on the following terms and conditions.

The applicants - Jaya Vishram Sarkate, Nisha Akash Wankhade and Bhagyashree Rajesh Khandare, be released on bail on executing Personal bond of Rs.20,000/- each with one surety each in like amount.

They shall not pressurize or give threats to the witnesses.

The trial Court shall not get influenced by the observations made in this order.

The order be communicated to the

counsel for the parties either on email address or non Whatsapp or by such other mode, as is permissible in law.

JUDGE *GS.