Smt. Nirmala W/O Digambar Tayade v. State Of Mah. Through Police Station Officer, P.S. Malkapur (Gramin)

1 ba492.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRI. APPLICATION (BA) NO. 492 OF 2018 (SMT. NIRMALA DIGAMBAR TAYADE....VS.. STATE OF MAH. THR. PSO PS MALKAPUR, BULDANA.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms Ankita Sarkar, Adv. h/f. Shri S.V.Sirpurkar, Adv. for applicant. Shri J.Y.Ghurde, A.P.P. for Non-applicant.

Shri Mahesh Rai, Advocate for applicant in Cr.A.No.893/2018. CORAM : Z.A.HAQ, J.

DATED : MAY 22, 2018.

CRI.APPLN.NO.893/2018 Considering the fact that the applicant is complainant and father of the deceased, he is permitted to assist the prosecution.

The criminal application is allowed accordingly. CRI.APPLN.NO.492/2018.

Heard.

The applicant is arrested on 31st December, 2017 in connection with Crime No. 242 of 2017, registered against her, her son and one more person. The accusations are that Rekha (daughter-in-law of the applicant) was ill-treated during her stay at the matrimonial house and on 31st December, 2017 at around 11.30 a.m. Yogesh (son of the applicant and husband of Rekha) killed Rekha using sharp edged weapon and by cutting her throat. According to the

2 ba492.18 Investigating Agency, the applicant used to instigate Yogesh against Rekha.

The Investigating Agency opposed the application on the ground that there is ample material against the applicant showing her involvement in the commission of the offence.

The intervener/complainant also opposed the application.

The charge-sheet is filed. The Investigating Agency has not been able to point out that further custody of the applicant is required for investigation. The applicant is a lady aged about 55 years. The applicant is not involved in any other crime/offence.

Considering the facts of the case, following order is passed:

The applicant, having been arrested in connection with Crime No.242 of 2017 registered by the non-applicant, she be released on bail on executing P.R. bond for Rs.Fifty Thousand and furnishing two solvent sureties in the like amount.

The applicant shall attend the trial on every date unless granted exemption by the Sessions Court. The learned Sessions Judge shall expedite the trial and complete it within nine months.

3 ba492.18 The prosecution shall take all possible steps for expeditious completion of the trial.

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