Thakubai Mahadeo Gaddare v. State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2769 OF 2024 Thakubai Mahadev Gaddare ...
Applicant.
V/s.
The State of Maharashtra ...
Respondent.
------------------- Mr Sachin H. Deokar a/w Vignesh Ashokan, Advocate for Applicant Shri S.M.Mangaonkar, APP for the State.
--------------------- by RAJIV BABARAOJI RAUT Date: 2024.10.09 14:40:41 +0530 RAJIV BABARAOJI RAUT
CORAM
:
ANIL S. KILOR, J.
DATED :
OCTOBER 08, 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.905 of 2023, registered with Wadgaon Nimbalkar Police Station, District: Pune for the offences punishable under Sections 302, 304-B, 498-A read with Section 34 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act, 1961.
3. The allegation against the applicant is that the applicant who is a mother-in-law of the deceased committed murder of her daughter-in-law with the help of other co-accused. The motive
was that sufficient dowry amount and gold was not given by the parents of the deceased in the wedding, which was performed on 03/09/2023 with the son of the present applicant.
4. In the above referred backdrop, when the Inquest Panchnama was seen, it is evident that no marks were found on the body of the deceased and even the slippers which she was wearing were in her legs. Therefore, prima-facie, it creates a doubt about the veracity of the prosecution story as regards commission of the murder by the accused. Moreover, the applicant is a lady and since the charge-sheet has been filed I am of the opinion that her further custody is not required.
5. Accordingly, I pass the following order:
i) The Criminal Application is allowed.
ii) It is directed that the applicant shall be released on bail in connection with Crime No.905 of 2023, registered with Wadgaon Nimbalkar Police Station, District: Pune Rural for the offences punishable under Sections 302, 304-B, 498-A read with Section 34 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act, 1961, on furnishing P.R.Bond in the sum of Rupees Twenty Five Thousand with one solvent surety in the like amount;
iii) 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;
iv) Liberty is granted to the State for cancellation of bail if the applicant commits similar offence or breaches any condition for grant of bail.
v) The applicant shall attend the trial before the trial Court regularly on every date unless exemption is granted by the trial Court.
The Criminal Application is disposed of accordingly. (ANIL S. KILOR, J)