FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders CRIMINAL APPLICATION NO. 4032 OF 2011 SAVITA KAMLAKAR KOKATE VERSUS THE STATE OF MAHRASHTRA ... Advocate for Petitioner(s) : Mr. Salunke V.D.. APP for Respondent(s): Mrs. R.K.Ladda. ... CORAM : SHRIHARI P. DAVARE, J. Dated: October 20, 2011 ... 1. Perused investigation papers, which were made available for the inspection purpose, as well as heard learned respective counsel for the parties, finally. 2. This an application preferred by the applicant seeking regular bail in connection with Crime No.I-67/2011, registered with Naldurg Police Station, District Osmanabad for the offences punishable under sections 302 r.w 34 of Indian Penal Code. 3. It appears that crime has been registered on the basis of complainant namely Trimbak Gopalrao Kokate on 23.5.2011 against the co-accused persons namely Kamlakar Rathod and other unknown persons, alleging that on the count of earlier quarrel which took place between co-accused Kamlakar and victim Vitthal Aba the said co-accused gave threat to the said FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders victim to kill him and since the Vitthal expressed his desire to change cultivatorship assigned to the co-accused Kamlakar on batai, he became angree and therefore, in collusion with other unknonwn persons took victim Vitthal i.e. brother of complainant to the field in Jalkot farm and assaulted the said victim and strangulated his neck and twisted his private part and killed him. It is alleged that during the course of investigation, it was transpired that applicant is the daughter- in-law of the said victim Vitthal and she had illicit relations with the co-accused Kamlakar i.e. cultivator in the land of Vitthal and dispute arose between said Kamlakar and Vitthal since Kamlakar used to sell grains behind back of Vitthal and hence, said Vitthal declared that he would chage the cultivator of his land. It is also alleged that conspiracy took place between applicant and co-accused to commit murder of Vitthal, and accordingly, said conspiracy was translated into action. 4. Admittedly, case is rested upon circumstantial evidence. A mobile handset was recovered at the instance of the applicant under the memorandum of panchnama. It is alleged that present applicant was in contact with the co- accused Kamlakar on the said mobile handset. However, apparently, no call record between the applicant by the said mobile hand set and co-accused Kamlakar has been obtained FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders during the course of investigation to connect the said seizure of mobile hand set and applicant with the alleged crime. 5. Besides, it is pointed out that investigation has been completed and charge sheet has been filed and main person in the alleged crime i.e. co-accused Kamlakar has been enlarged on bail by learned Sessions court on 24.8.2011. It is also submitted that another co-accused Devidas was also released on bail by learned Sessions Court on 7.9.2011. Hence, query was put to learned APP whether State has preferred any application for cancellation of bail, of the said co-accused namely Kamlakar and Devidas. In response, learned APP on instructions, submitted that no such application has been preferred by the State for cancellation of bail of the said co- accused persons namely Kamlakar and Devidas. In such scenario, the principle of parity requires that applicant also be enlarged on bail, but on certain conditions :- 6. In the result, present application is allowed and it is directed that, applicant namely Savita wd/o Kamlakar Kokate be released on bail, in connection with Crime No.67/2011, registered with Naldurg Police Station, District Osmanabad, on her furnishing P.R. Bond in the sum of Rs.25,000/- with one surety in the like amount, on the following conditions :- FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders i) The applicant shall not leave the jurisdiction of the Sessions Court, Osmanabad without permission of the said Court. ii] The applicant shall not influence upon the witnesses, and/or tamper with the prosecution evidence, directly or indirectly, in any manner, what so ever. 7. Present application stands disposed of finally. 8. The above observations are primafacie in nature, same may not be used in any other matter, being decided on merits. ( SHRIHARI P. DAVARE, J. ) aaa/- ***