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Bombay High CourtABA/634/2017others disposed off

Sau. Kausalyabai W/O. Sureshrao Hingwe v. State Of Maharashtra Thr. P.S.O. Karanaja (Ghadge) Dist. Wardha

2017-09-13Hon'Ble Shri Justice V.M. Deshpande2 pages

aba634.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (ABA) NO.634/2017 Sau. Kausalyabai w/o Sureshrao Hingwe ..vs.. State of Maharashtra through PSO P.S. Karanja (Ghadge), Dist. Wardha.

_______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. R. Dhawad, Advocate for applicant.

Mr. V. Gangane, A.P.P. for non applicant.

CORAM : V.M. DESHPANDE, J.

DATED :

SEPTEMBER 13, 2017 Heard Mr. R. Dhawad, Advocate for applicant and Mr. V. Gangane, A.P.P. for non applicant. The applicant is apprehending her arrest in connection with Crime No.438/2017 registered with Police Station, Karanja (Ghadge), Dist. Wardha for an offence punishable under Sections 307, 143, 147, 148, 149 of the Indian Penal Code.

As per the prosecution, the FIR was lodged by Hemraj. The statement of Hemraj reveals that on 02.08.2017 at about 7.00 a.m. in the morning, when he took his bullocks for grazing, accused Suresh hurled stones at him. Thereafter, when he was returning to his house, all the accused persons namely; Suresh, Dhanraj, Tushar and Kausalyabai Hingwe assaulted him by axe and kick blows. Accused Suresh assaulted by means of axe on his head. That act of assault by axe is attributed against Suresh, who is already arrested and is in jail.

aba634.17.odt Looking to the nature of the allegations made against the present applicant, I am of the view that the applicant who is a lady is entitled to be released on bail in the event of her arrest. Hence, following order is passed.

ORDER

(i) Criminal Application No.634/2017 is allowed.

(ii) In the event of arrest in connection with Crime No.438/2017 registered with Police Station, Karanja (Ghadge), Dist. Wardha for an offence punishable under Sections 307, 143, 147, 148, 149 of the Indian Penal Code, applicant Sau. Kausalyabai w/o Sureshrao Hingwe be released on bail, on she executing P.R. Bond in the sum of Rs.5,000/- with one solvent surety in the like amount.

The application stands disposed of.

JUDGE kahale