Pallavi Sachin Ganbote v. The State Of Maharashtra

8-APEAL.157.2018.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 157 OF 2018 Pallavi Sachin Ganbote } Appellant versus The State of Maharashtra } Respondent Mr. Kuldeep U. Nikam for the appellant.

Mr. Deepak Thakur with Ms. M. M.

Deshmukh-APP for State.

CORAM :- S. C. DHARMADHIKARI & PRAKASH. D. NAIK, JJ.

DATED :- MARCH 12, 2018 P.C. :- 1.

We heard Mr. Nikam learned advocate appearing for the appellant-woman accused and also Ms. Deshmukh-learned APP appearing for the respondent. We have perused the appeal paper book, the impugned order and that part of the paper book whereunder it is clarified that now investigations are complete and charge-sheet is filed.

2.

The appellant-woman accused sought enlargement on bail on the ground that the circumstances have changed. Though she and the prime accused are alleged to have hatched a conspiracy on account of a love affair to do away with the deceased victim, J.V.Salunke,PA

8-APEAL.157.2018.doc apart from such an affair, there is no overt act prima facie attributed to the present appellant. The present appellant has minor children and with appropriate conditions being imposed, she can be enlarged on bail.

3.

Without deciding any wider question and about the maintainability of the appeal, we are of the view that the bail can be granted. Hence, the following order:- (i) The applicant woman Pallavi Sachin Ganbote, though prima facie charged with offence punishable under section 302 of the Indian Penal Code, 1860 read with sections 3, 2(va) of the Scheduled Casts and Scheduled Tribe (Prevention of Atrocities) Act, 1989, she shall be enlarged on bail on execution of a PR Bond in the sum of Rs.25,000/- (Rupees twenty five thousand only) with one or two sureties in the like amount.

(ii) The appellant shall report to Phaltan City Police Station once in a fortnight at 11.00 a.m.

(iii) The appellant shall not tamper with the witnesses nor influence the witnesses in any manner.

(iv) The appellant shall not leave Phaltan city without prior permission of the competent court.

(v) The order enlarging the appellant on bail can be cancelled if any of the conditions as imposed above are breached.

4.

The appeal is disposed of in the above terms. (PRAKASH.D.NAIK, J.) (S.C.DHARMADHIKARI, J.) J.V.Salunke,PA