Anna S/O Madhao Hajare (In Jail) v. State Of Maharashtra, Through P.S.O. Maregaon, Yavatmal

1 ba963.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CRIMINAL APPLICATION (BA) NO.963 OF 2015 (Anna s/o Madhao Hajare ..vs.. State of Maharashtra, through PSO, PS Maregaon, District Yavatmal) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A. HAQ, J.

DATED : 23-02-2016 Heard Shri A.S. Dhore, learned Advocate for the applicant and Shri S.S. Doifode, learned Additional Public Prosecutor for the non-applicant.

2.

The applicant is arrested in Crime No.31/2015 registered by the non-applicant against him initially for the offences punishable under Sections 307 and 498-A of the Indian Penal Code and subsequently for the offence punishable under Section 302 of the Indian Penal Code. The allegations against the applicant are that he has poured kerosene on his wife and has set her ablaze because of which she sustained 90% burn injuries and succumbed to the injuries.

3.

The record shows that there was some quarrel between the applicant and deceased Kavita (wife of the applicant) on the date of incident. The marriage between the applicant and deceased Kavita was solemnized prior to seven years of the incident. The charge-sheet is filed. According to the applicant, he has

2 ba963.15 not been involved in any crime earlier and this fact is not controverted by the non-applicant. The non-applicant has not been able to show that the custody of the applicant is required for further investigation. In the above facts, I am of the view that the applicant is entitled for being released on bail.

4.

Hence, the following order :

i) The applicant having been arrested in Crime No.31/2015 registered by the non-applicant, he be released on bail, on furnishing P.R. Bond in the sum of Rs.25,000/- and one solvent surety in the like amount. The solvent surety shall be furnished by resident of Tahsil Malegaon, District Yavatmal.

ii) The applicant shall attend every date of sessions trial unless exemption is granted by the Sessions Court. In case the applicant fails to attend any date without seeking exemption from the Sessions Court, this order shall stand recalled.

iii) The application is allowed in the above terms. JUDGE pma