Pramila W/O Gajanan Sultane v. State Of Maharashtra Thr. Pso Ps Dhanaj, Tq. Karanja, Dist. Washim

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (BA) NO. 1012 OF 2020 (Sau. Pramila w/o Gajanan Sultane vs. The State of Maharashtra thr. PSO, Dhanaj, Tq. Karanja, District - Washim) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

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Shri D.G. Dhoble, Advocate for the applicant. Shri S.A. Ashirgade, APP for the non-applicant - State.

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CORAM : PUSHPA V. GANEDIWALA, J.

DECEMBER 07, 2020.

Heard Shri Dhoble, learned counsel for the applicant and Shri Ashirgade, learned APP for the non-applicant - State.

2.

The applicant is seeking bail in Crime No. 228 of 2020, registered at Dhanaj Police Station, Tq. Karanja, District - Washim, for the offence punishable under Sections 302, 307, 326, 504, 506, 109, 34 of the Indian Penal Code read with Sections 4, 25 of the Arms Act.

3.

Perused the application, affidavit in reply filed by the State and the charge sheet.

4.

The incident is the outcome of the quarrel between two adjacent field owners on account of cutting of branches of neem trees. The applicant, her son and husband are arraigned as accused in this crime.

5.

A perusal of charge sheet would reflect her role i.e. to instigate her son to commit murder of son-in-law of the complainant. It is also alleged that the present applicant assaulted the informant and injured him with stone. The prosecution could not point out apart from the above role, any other substantive material in this crime against the applicant.

6.

The applicant is a female. She is in jail since her arrest on 24.06.2020. The investigation is completed and the charge sheet is also filed. Considering the role attributed to the present applicant and she being female, this Court is inclined to grant her bail.

7.

In the circumstances, Criminal Application is allowed on the following conditions : (i) The applicant - Sau. Pramila w/o Gajanan Sultane, shall be released on bail on

furnishing Personal Bond of Rs.30,000/- (Rs. Thirty thousand only) with one surety in the like amount. (ii) The applicant shall not tamper with the evidence.

(iii) The applicant shall not pressurize the prosecution witnesses.

(iv) The applicant shall attend the Police Station once in a month on every first Thursday of the month between 11.00 AM to 1.00 PM.

JUDGE *GS.