Gita Subhash Adhikari And Another v. State Of Maharashtra, Through P.S.O. Aheri, Gadchiroli

20.11.ba.860.15

IN THE COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) NO. 860/2015 (Gita subhash Adhikari and another vs. The State of Maharashtra: Th.:PSO Aheri) ................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................ Mr. Amol Mardikar, Advocate for the applicants Miss N.P.Mehta,Addl.Public Prosecutor for respondent-State CORAM: A.B.CHAUDHARI, J.

DATED : 20th November, 2015.

Heard.

The applicant nos.1 and 2 are the mother-inlaw and father-in-law respectively of the complainant - Sou. Shivani Adhikari. They are being prosecuted for the offence punishable under Sections 307, 498A read with Section 34 of the Indian Penal Code, in respect of Crime No. 42/2015, registered at Police Station, Aheri, District Gadchiroli. The applicants were arrested on 15.09.2015 and are in jail since then.

The case of the prosecution is that the applicants had poured kerosene on the person of the complainant, whereas her husband had given a stick-blow. There are traces of kerosene on her clothes. Be that as it may, by this time, the investigation must have been completed and the applicants, who are aged about 60 and 65 years, need not continue to remain incarcerated, awaiting the trial. That being so, I think the applicants

20.11.ba.860.15 can be released on bail pending the trial. Hence the following order :-

ORDER

(i) Criminal Application No. 860/2015 is allowed. (ii) The applicants are ordered to be released on bail in the sum of Rs. 10,000/- ( rupees ten thousand) with one solvent surety in the like amount, for each of the applicant, with further conditions that they shall cooperate with the Investigating Officer as and when called and shall not tamper with the prosecution evidence.

JUDGE sahare