Kalawantibai w/o. Narayan Tidke v. State of Maharashtra
2007-07-09
B.R.GAVAI
body2007
DigiLaw.ai
COURT’S ORDER : 1. This is an application for grant of bail. The applicant is arrested in connection with Crime No. 47/2007 registered at Police Station, Daithana (Taluka & District : Parbhani), for offence punishable under Section 302 read with Section 34 of the Indian Penal Code. 2. Heard learned Counsel for the applicants and the learned Additional Public Prosecutor for the respondent. 3. Learned Additional Public Prosecutor vehemently opposes the application on the ground that the applicants are involved in a serious crime. 4. From the perusal of the investigation papers, it appears that there is a dispute between deceased Khanduji i.e. husband of the complainant and one Rustum, brother of the deceased, who were sharing crops in the field. It is alleged that the accused persons forcibly administered poison to the deceased due to which he died. In so far as present applicants are concerned, the allegation is that they had caught hold the complainant and prevented her from going to the deceased. 5. All the applicants are ladies. There is no role attributed to them in administering poison to the deceased. Only role attributed to them is that they had prevented the complainant from going to the deceased. In that view of the matter, I am inclined to allow the application. 6. In the result, the Criminal Application is allowed. . The applicants are directed to be released on bail, in connection with Crime No. 47/2007 registered at Police Station, Daithana (Taluka & District : Parbhani), for offence punishable under Section 302 read with Section 34 of the Indian Penal Code, on their executing P.R. Bond in the sum of Rs. 25,000/- each, with one or more sureties in the like amount by each of them. The applicants shall attend the Police Station as and when directed by the Investigating Officer in writing for the purpose of investigation. The applicants shall not attempt to contact the prosecution witnesses or tamper with the evidence. 7. The observations made herein above are prima facie in nature and limited for the disposal of the present application. Learned trial court shall not be influenced by the afore said observations at the time of trial and shall decide the case on its own merit.