1 Cri.Appln.No.893/2011, 857/2011 & 1139/2011. 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.893/2011 (Laxmibai w/o Narayan Gutte Vs. The State of Mah). With CRIMINAL APPLICATION NO.857/2011 (Shantabai Shrihari Kakade and Anr. V.s The State of Mah.) with CRIMINAL APPLICATION NO.1139/2011 (Balaji Shrihari Kendre and Anr. Vs. The State of Mah.) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.AA Mundhe; Mr.SG Mundhe & Mr.BR Kedar, Adv. for respective applicants; Mr.KM Suryawanshi, APP for State. *** CORAM : K.U.CHANDIWAL ,J. DATE : 23 rd March, 2011. ... 1) Heard learned Counsel and learned APP in Criminal Application No.893/2011. 2) The accused/applicant is sister-in-law of the complainant Smt. Savita Balaji Kendre. She allegedly resides at about 300 kms away in district Washim with her husband. Statements of witnesses illustrate that Laxmibai barring visiting at the time of Deepawali, did not visit the said village or house of her brother. In the situation, custodial interrogation of the applicant/accused not warranted. Hence, order. 2 Cri.Appln.No.893/2011, 857/2011 & 1139/2011. 3) In the event of arrest of the applicant/accused – Laxmibai w/o Narayan Gutte, she be released on her furnishing a PR bond and a surety in the sum of Rs.5,000/- (Rupees five thousand). 4) The applicant/accused shall not influence the witnesses and shall attend the Investigator whenever notified. 5) Criminal Application No.893/2011 allowed as above. 6) Heard Mr. Mundhe Sambhaji and AA Mundhe for the respective applicants. 7) Applicants in Criminal Application No. 857/2011 & 1139/2011 are in custody from 5.2.2011 in connection with Crime No. 21/2011 for an offence under Sections 498-A, 307, 323 504 r/w 34 of Indian Penal Code. 8) The complainant – Savita was married to Balaji on 5.3.2009 and it is alleged that initially she was treated well for about a month and thereafter, she suffered ill-treatment for non- compliance for a motorcycle. She alleges that on 31.1.2011, the accused/applicant with her husband forcibly administered poisonous insecticides with intention to kill her. However, it was her brother – Ramakant, who came and timely took her to Government Hospital at Ambejogai. Consequently, her life was saved. 3 Cri.Appln.No.893/2011, 857/2011 & 1139/2011. 9) Learned APP is unable to inform medical reports of the victim, primarily indicating any substance or poisonous substance in her stomach or retrieving the same. The learned Counsel for the accused/applicants submit that indeed four days prior to the incident dated 31.1.2011, the victim doused herself kerosene, she was suffered and her parents were called, she was sent back at the intervention of the villagers, however she managed back after four days and this concocted story is prepared. 10)The villagers primarily support the case of the accused/applicants of the earlier events and no untoward incident having taken place with the victim on 31.1.2011.. 11)The accused/applicants, including husband are in custody from 5th February, 2011; no criminal record, nothing is to be recovered from them, the victim is presently staying with her brother at village Halamb, in Parli taluka, consequently, least chances of accused/applicants influencing the complainant or the witnesses. Hence, order. 12)The applicants/accused – Shantabai w/o Shrihari Kendre; Muktabai d/o Shrihari Kendre (in Cri.Appln.No.857/2011)and applicants/accused – Balaji S/o Shrihari 4 Cri.Appln.No.893/2011, 857/2011 & 1139/2011. Kendre and Shrihari s/o Rangnath Kendre (Cri.Appln.No.1139/2011), be released on each of their furnishing a PR bond and surety in the sum of Rs.5,000/- (Rupees five thousand). 13)The applicant/accused – Balaji to attend the concerned Investigator on every Sunday between 3.00 to 6.00 p.m. till 30th June, 2011. 14)The accused/applicants shall not influence and coerce the witnesses. 15)Criminal Application Nos.857/2011 and 1139/2011 are allowed as above. (K.U.CHANDIWAL) JUDGE bdv/