Bombay High CourtBA/1116/2018allowed

Shankar S/O. Laxman Muneshwar (In Jail) v. State Of Maharashtra Thr. P.S.O., P.S. Amgaon,

2018-12-20Hon'Ble Shri Justice Murlidhar Ganpatrao Giratkar2 pages

1 914ba1116.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO.1116/2018 Shankar s/o Laxman Muneshwar V/s State of Maharashtra thr. PSO, P.S. Amgaon, Dist. Gondia - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri R.B. Gaikwad, counsel for the applicant. Shri S.D.Sirpurkar, APP for the non-applicant/State. CORAM : M.G. GIRATKAR, J DATE : 20.12.2018.

Head Shri R.G. Gaikwad, learned counsel for the applicant.

Learned counsel has pointed out the statement of Megnath Mendhe and Surnedra Kore. The First Information Report itself shows that there was quarrel between the deceased wife and husband. Deceased made allegation against her husband about the theft of Mangalsutra. After some days, Mangalsutra was found in the Almiraha. She again made allegation against him that he committed theft, on that count there was quarrel, during that quarrel the applicant beat his wife by stick. Thereafter, he also taken his wife to the hospital. It is clear that he had no intention to kill his wife. It appears that in a hit of anger, he beat his wife and due to that she died. Hence following order:-

2 914ba1116.18 The application is allowed.

The applicant be released on bail on executing P.R. bond in the sum of Rs. 25,000/-with one solvent surety in the like amount.

The applicant shall not tamper the evidence of prosecution witnesses.

The applicant shall attend trial Court on each and every date.

The applicant shall not leave the jurisdiction of trial Court without prior permission.

JUDGE rkn