1 Criminal Application No.1457/2011 with Criminal Application No.1458/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1457 OF 2011 Hemlatabai w/o Bhagwanrao Wakharkar ... APPLICANT VERSUS The State of Maharashtra ... RESPONDENT ..... Shri J.N. Ghuge, Advocate for applicant Shri V.H. Dighe, A.P.P. for respondent ..... W I T H CRIMINAL APPLICATION NO.1458 OF 2011 Virendra s/o Bhagwanrao Wakharkar ... APPLICANT VERSUS The State of Maharashtra ... RESPONDENT ..... Shri J.N. Ghuge, Advocate for applicant Shri V.H. Dighe, A.P.P. for respondent ..... CORAM : K.U. CHANDIWAL, J. DATE : 6th May, 2011 PER COURT : 1. Heard finally. The accused Hemlatabai and Virendra in respective applications allegedly killed Bhagwanrao, husband of Hemlatabai and father of Virendra in the night intervening 2 Criminal Application No.1457/2011 with Criminal Application No.1458/2011 18.11.2010 and 19.11.2010. The investigator informs, a pretendance of dacoity and consequent death of Bhagwanrao, giving rise to offence punishable under Section 396 of the Indian Penal Code was projected, however, the needle of suspicion ventured to the presnet accused/ applicant Virendra and his mother Hemlatabai. The investigation illustrate that since Bhagwanrao was addict, was unusually assaulting, humiliating the family members; hence, when he had slept, he was brutally assaulted by duo. 2. Considering the investigation papers, as charge sheet is filed, role of Smt. Hemlatabai in the offence though is pointed, however, nothing incriminating is recovered. Apart from a female, she has to maintain her minor children. The accused/ applicant Virendra, under a discovery, was found inflicting blow with an axe, the blood stains and his apparels corroborate to the blood stains to the bloodgrouping of the deceased. Consequently no bail to the accused/ applicant Virendra. However, the accused/ applicant Smt. Hemlatabai deserves bail. O R D E R (i) The accused/ applicant Hemlatabai w/o Bhagwanrao 3 Criminal Application No.1457/2011 with Criminal Application No.1458/2011 Wakharkar in Criminal Application No.1457/2011 be released on her furnishing P.R. bond and a surety in the sum of Rs.20,000/- (Rupees twenty thousand) in Crime No.134/2010, registered at Aundha Police Station, District Hingoli for the offence under sections 396, 302, 201, read with Section 34 of the Indian Penal Code. (ii) the accused/applicant Hemlatabai shall not commit an offense similar to the offense of which she is accused, or suspected, of the commission of which they are suspected (iii) the accused/applicant Hemlatabai shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police officer or tamper with the evidence and shall scrupulously attend the Court proceedings. Application No.1458/2011 of Virendra is rejected. Criminal Application finally disposed of. K.U. CHANDIWAL JUDGE fmp/cri1835.11