Darshana W/O. Sanjay Chavle (In Jail) v. State Of Maharashtra Thr. Pso Police Station Aroli Dist. Nagpur

1 ba564.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CRIMINAL APPLICATION (BA) NO.564 OF 2018 (Darshana w/o Sanjay Chavle ..vs.. State of Maharashtra, through PSO, PS Aroli, District Nagpur) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri C.H. Jaltare, Counsel for the applicant, Shri N.H. Joshi, Addl.P.P. for the non-applicant. CORAM : ROHIT B. DEO, J.

DATED : 03-07-2018 The applicant is in custody since 11-5-2018 in connection with offences punishable under Sections 302 and 201 read with Section 34 of the Indian Penal Code registered with Police Station Aroli.

2.

The dead body of the deceased Sanjay Chavle-the husband of the applicant was recovered from a field on 09-12-2017. The post-mortem report notices twenty-two wounds and the cause of death is recorded as strangulation.

3.

The material against the present applicant is certain blood stains found in the house of the applicant and the deceased. The DNA report is positive. The only other material is the statement of a neighbour. I do not consider it appropriate to refer to the name of the witness. Suffice it so say, even if the said statement is taken at face value, what is attributed to the applicant is

2 ba564.18 that she and one of the co-accused were in an illicit relationship.

4.

The applicant is a woman with young children to take care. Considering the material on record, I do not find it appropriate to continue the incarceration of the applicant in custody.

5.

The application is allowed.

6.

The applicant is released on bail on executing personal bond of Rs.15,000/- with one solvent surety of the like amount.

7.

The applicant shall attend the Police Station Aroli as and when so called by the Investigating Officer. 8.

The applicant shall not tamper with the evidence nor shall attempt to influence the witnesses in any manner.

JUDGE adgokar