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Bombay High CourtBA/523/2024allowed

Rohini Ramdas Yunate v. State Of Maharashtra

2024-08-07Hon'Ble Shri Justice Anil S. Kilor3 pages

Sayali Upasani

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 523 OF 2024 Rohini Ramdas Yunate ...Applicant Vs.

The State of Maharashtra

...Respondent

Mr. Sujit Alhat with Kamlesh G. with Parmeshwar Shendge, Advocate for Applicant.

Mrs. Geeta P. Mulekar, APP for State-Respondent. Mr. Vinod Pawar, PSI, Hadapsar Police Station, Present. CORAM:- ANIL S. KILOR, J.

DATED:- 7th AUGUST, 2024 PC :- 1) Heard.

2) By this application under Section 439 of the Code of Criminal Procedure, the applicant is seeking bail in Crime No. 730 of 2021 registered with Hadapsar Police Station, Dist.Pune, for an offence punishable under Section 302 of the Indian Penal Code, 1860. 3) The whole case is based on circumstantial evidence. The circumstances are that the applicant and the deceased used to stay together. The learned Counsel for the applicant submits that after 1/3

coming from duty, the applicant herself called the police. There are statements of witnesses, none of the witnesses have heard any noise or seen any quarrel between the applicant and the deceased. The applicant is a lady, and there is no evidence as regards is any motive, against the applicant.

4) The applicant is in jail from last more than three years, and since the charge-sheet has been filed after completion of the evidence and further considering that there is unlikelihood of the conclusion of trial in near future, I am of the opinion though the learned APP is strongly opposing the application, the application needs to be allowed. Hence, I pass the following order.

ORDER

i.

The Bail Application is allowed;

ii.

It is directed that the Applicant shall be released on bail in Crime No. 730 of 2021 registered with Hadapsar Police Station, Dist.Pune, for an offence punishable under Section 302 of the Indian Penal Code, 1860, on furnishing P.R. Bond of Rs.25,000/- (Rupees Twenty Five Thousand) with one solvent surety in the like amount;

iii The applicant shall attend the said Police Station on 1st day of every month between 10.00 am to 12.00 noon., till the conclusion of the trial except on the date of trial; iv.

The Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, as also not tamper with the evidence; 2/3

v.

Liberty is granted to the State to apply cancellation of bail if the applicant commits similar offence.; vi.

The Applicant shall attend the trial before the Trial Court regularly on every date unless exempted by the Trial Court for any reason.

vii. Application stands disposed of, accordingly. [ANIL S. KILOR, J.] 3/3