Reshma Maruti Pawar v. The State Of Maharashtra

by CHITRA SANJAY SONAWANE Date:

2022.12.16 10:17:05 +0530 CHITRA SANJAY SONAWANE

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.3231 OF 2022 Sau Reshma Maruti Pawar Age 32 yrs, Occ-Agriculture Residing at -Islampur, Tal: Malshiras, Dis:Solapur (at present in Malshiras Jail) ...Applicant.

Versus

The State of Maharashtra (Through Malshiras Police Station) Taluka-Malshiras, District-Solapur

...Respondent.

...

Mr Prabhaka M.Jadhav a/w Adv.Shekhar V. Mane, for the Applicant.

Mr M.G.Patil, APP for the State.

PSI M.M.Pujari, Malshiras Police Station, Solapur Rural present. ...

CORAM : R. N. LADDHA, J.

DATE : 14 DECEMBER 2022.

P.C.:

Heard Mr P.M. Jadhav, learned Counsel appearing for the Applicant and Mr M.G.Patil, learned APP appearing for the Respondent-State.

2.

In the present case, the Applicant is one of the accused persons for an offence registered under Sections 307, 109, 120-B Page No. 1 of 3

r/w 34 of the Indian Penal Code. The allegations appear to be that the Applicant assisted the co-accused in assaulting her husband. Accused No.1 as well as Accused Nos.3 and 4 were already enlarged on bail. The Applicant was arrested on 13.5.2020, and since then she is languishing in jail. The Applicant is the stepmother of the Informant. Although the learned Additional Public Prosecutor has opposed the grant of bail in the present case, this Court found that the only evidence against the Applicant is that there was an exchange of text messages between her and Accused No.1 on their mobile phones. The mobile phone was recovered from the Applicant. However, nothing is on record to show that the SIM Card was in the Applicant's name. Admittedly, at the relevant time, the Applicant was not present at the spot.

3.

In the present application, it is emphasised that the Applicant is 32 years old woman, and she undertakes to abide by conditions that this Court may impose.

4.

Nothing is on record to show that the Applicant has criminal antecedents. The investigation is already completed, and the charge sheet has been filed. In view of the above, this Court is of the opinion that the Applicant can be enlarged on bail by imposing appropriate conditions. Accordingly, the application is allowed in the following terms.

a) The Applicant Reshma Maruti Pawar be released on bail in connection with C.R.No.283 of Page No. 2 of 3

2022 registered at Malshiras Police Station, Solapur, on furnishing a P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount to the satisfaction of the concerned Court. b) The Applicant shall not tamper with the prosecution evidence and/or give threat or inducement to any of the prosecution witnesses. c) The Applicant shall furnish the permanent address and contact details to the Inspector of Police, Malshiras Police Station and intimate the change, if any.

d) The Applicant shall regularly attend the proceedings before the jurisdictional Court.

5.

All the parties to act on an authenticated copy of this Order. [R. N. LADDHA, J.] Page No. 3 of 3