Sau Chandrakala Manohar Baghe v. State Of Mah., Thr. Pso Ps Ural Tq Balapur Dist Akola

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (ABA) NO.645 OF 2019 Sau. Chandrakala Manohar Baghe .Vs. State of Maharashtra, PSO, P.S. Ural, Tq. Balapur, Dist. Akola.

_______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Mr. S.V. Sirpurkar, Advocate for applicant.

Mr.V.A. Thakare, A.P.P. for non applicant-State. CORAM : V. M. DESHPANDE, J.

DATED : OCTOBER 07, 2019 Present is the application for pre-arrest bail. Heard Mr. Sirpurkar, learned counsel for applicant and Mr. Thakare, learned Additional Public Prosecutor for non applicant-State. Also perused the reply filed on behalf of prosecution on oath by Mr. Kishor Zanaklal Mavaskar, PSI of Police Station, Ural.

Applicant is apprehending his arrest in connection with Crime No.231/2019 registered with Police Station, Ural, Tq. Balapur, Dist. Akola for an offence punishable under Sections 302 read with 34 of the Indian Penal Code.

The first information report is lodged by Chetan Baghe. The incident in question has occurred on 16.08.2019 in the agricultural field owned by him. Agricultural work was being carried out by the complainant and his father deceased Dhanvanta. At that time, a dispute arose between

co-accused Amol Baghe and deceased Dhanvanta. That attracted attention of the first informant and as per first information report he noticed that co-accused Amol Baghe and his father Manohar Baghe were assaulting on his father by means of sticks in their hands and at that time the co-accsused Nilesh Baghe and present applicant-Chandrakala were standing there.

As per reply, role attributed to the present applicant is that she was instigating the accused persons and also caught hold of deceased Dhanvanta.

The said role attributed to the present applicant clearly an improvement and after registration of the first information report, the said role is attributed. The accused persons who were specifically attributed a specific role of assaulting on deceased by means of sticks i.e. Amol and Manohar, they are already arrested and are in jail. The reply also shown weapons i.e. sticks are also seized on their memorandum statement.

Looking to the nature of the accusations made against the present applicant in the first information report, which stand improved by the complainant subsequently, in my view, the applicant who is a lady needs to be protected. Hence, I pass following order.

ORDER

(i) The application is allowed.

(ii) In the event of arrest in connection with Crime No.231/2019 registered with Police Station, Ural, Tq. Balapur, Dist. Akola for an offence punishable under

Sections 302 read with 34 of the Indian Penal Code, applicant-Chandrakala Manohar Baghe be released on bail on she executing P.R. Bond in the sum of Rs.10,000/- with one solvent surety in the like amount.

(iii) Applicant is directed to attend Police Station, Ural as and when required by the investigating officer. However, for that the investigating officer shall give clear cut three days prior written communication to the applicant. Application is disposed of.

JUDGE srwagh aba660