Vinod S/O Mahadeorao Dhote v. State Of Mah. Thr. Pso Police Station Wadki

ba530of18.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) 530 OF 2018 (Vinod s/o. Mahadeorao Dhote..vs..State, PSO, PS Wadki) --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri A.C. Jaltare, counsel for the applicant. Shri V.A. Thakre, Additional Public Prosecutor for respondent. CORAM: ROHIT B. DEO, J.

DATE: 22 nd June, 2018.

Heard.

The applicant is seeking regular bail in Crime 215 of 2017 registered at Police Station Wadki for offence punishable under section 302 of the Indian Penal Code. The accusation against the applicant is that he caused the death of his wife Jyoti by throttling. The applicant is in custody since eight months.

I have perused the statements recorded and in particular the 164 statements of witnesses including the daughter of the applicant.

According to the daughter of the applicant, she was being beaten by her mother - deceased, the mother of the accused intervened and she was pushed by the deceased. The mother of the deceased fell down which prompted the applicant to take the deceased to the hall where apparently she was throttled.

At this stage, it does appear that the submission of the learned counsel Shri A.C. Jaltare that even if the

ba530of18.odt 2 material is taken on face value, an offence punishable under section 302 of the Indian Penal Code may not be made out, is to a certain extent, well founded.

In this view of the matter, considering that the applicant is in custody since eight months and that he has two young daughters to look after, I am inclined to allow the application.

The applicant be released on furnishing personal bond of Rs. 15000/- with a solvent surety of like amount. The applicant shall not tamper with the evidence nor shall attempt to influence the witnesses in any manner. JUDGE RSB