Thaku Bhagwan Dadane v. The State Of Maharashtra

Rekha Patil 1 905-BA-1699-2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1699 OF 2019 Thaku Bhagwan Danane ...

Applicant V/s The State of Maharashtra ...

Respondent Mr. Prabhakar M. Jadhav, for the Applicant.

Mr. S.H. Yadav, APP for State-Respondent.

CORAM : PRAKASH D. NAIK, J.

DATE : 7th November 2019 PC :

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The applicant is arrested on 24th February, 2019 in connection with C.R.No. 72 of 2019 registered with Natepute Police Station, District-Solapur, for the ofences punishable under Sections 302, 307, 109, 504, 506 r/w 34 of Indian Penal Code.

The prosecution case is that the victim was married to son of the applicant about 20 years ago. Out of the wedlock, they have two daughters, aged about 20 years and 13 years and a son, aged about 16 years. It is alleged that the deceased was harassed by the accused. There used to be quarrels between the accused and the

Rekha Patil 2 905-BA-1699-2019.doc complainant as she was refusing to perform the marriage of daughter with son of sister-in-law. On the date of incident i.e. on 20th February, 2019, accused no.1/husband was under infuence of liquor and picked up quarrel with the victim.

The accused allegedly poured kerosene on the victim and she was burnt by accused no.1-husband.

The investigation is completed and the charge-sheet is fled. The role attributed to the applicant is that she was one of the person along with the co-accused, who had jointly poured kerosene on the victim. The role of burning the victim is attributed accused no.1 (husband). The applicant is a lady about 70 years of age. The husband of the victim has been granted bail by the Sessions Court. Apparently, the order passed by the Sessions Court granting bail to the husband is against the sound principles of criminal law. However, considering the fact that the applicant is senior citizen, aged about 70 years and is in custody from 24th February, 2019, bail can be granted to the present applicant. Hence, the following order.

Rekha Patil 3 905-BA-1699-2019.doc :: O R D E R ::

(i) Bail Application No. 1699 of 2019 is allowed; (ii) The applicant is directed to be released on bail in connection C.R.No. 72 of 2019 registered with Natepute Police Station, District-Solapur, on her furnishing PR Bond in the sum of Rs.20,000/-, with one or more sureties in the like amount;

(iii) Bail Application stands disposed of.

(PRAKASH D. NAIK, J.)