Bombay High CourtBA/804/2018disposed off

Rekha Dnyaneshwar Rathod v. State Of Maharashtra Thr. P.S.O., P.S. Ural

2018-10-03Hon'Ble Shri Justice Z.A. Haq2 pages

1 ba804.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO.804 OF 2018 (SAU. REKHA DNYANESHWAR RATHOD....VS.. STATE OF MAH. THR. PSO PS URAL, DIST. AKOLA) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri H.M.Mohta, Advocate for Applicant.

Shri T.A.Mirza, A.P.P. for Non-applicant/State. CORAM : Z.A.HAQ, J.

DATED : OCTOBER 03, 2018.

Heard.

Crime No. 88 of 2018 is registered against the applicant, her brother and her mother for the offences punishable under Sections 307, 302, 506, 302 and 34 of the Indian Penal Code on the accusations that the applicant/accused has instigated her mother to set ablaze Jyoti (wife of applicant's brother). According to the Investigating Agency, the applicant instigated her mother giving suggestions/ directions on phone.

Jyoti died because of injuries sustained by her in the incident. The Investigating Agency claims that Jyoti was set ablaze. However, according to the accused it was an accident.

Be that as it may, the claim of the applicant that she is residing separately is not countered by the Investigating Agency. Jyoti met with unfortunate death after 16 years of her marriage with the brother of the applicant.

2 ba804.18 The applicant is arrested on 15th May 2018. Charge-sheet is filed on 11th July, 2018. The Investigating Agency/prosecution has not been able to point out that further custody of the applicant is required for investigation. In the facts of the case, the following order is passed :

The applicant, having been arrested in connection with Crime No.88 of 2018, registered by the non-applicant, she be released on bail on executing P.R. Bond for Rs.Twenty Thousand and furnishing two solvent sureties in the like amount.

The application is allowed accordingly.

JUDGE RRaut..