The High Court allowed three criminal applications seeking bail for applicants accused of offences under the Indian Penal Code. The court discharged applications due to lack of medical evidence supporting poisoning allegations and granted release on PR bonds.
Released on PR bond and surety of Rs. 5,000/-; restricted from influencing witnesses.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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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 or directions and Registrar’s orders
Court’s or Judge’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 :23rd 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
illustratethatLaxmibaibarring
visiting at the time of Deepawali, did
not visit the said village or house of
her brother. In the situation,
custodialinterrogationofthe
applicant/accused not warranted. Hence,
order.
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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
sufferedill-treatmentfornon-
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.
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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)Theaccused/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,leastchancesof
accused/applicantsinfluencingthe
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
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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/
2 issues framed by the court
Whether custodial interrogation of the applicant/accused was warranted given the lack of medical evidence regarding poisoning.
Whether the applicants can be released on personal recognizance bonds without furnishing sureties given their custody status.
1 provisions across 1 enactments
Laxmibai w/o Narayan Gutte
Shantabai Shrihari Kakade
Balaji Shrihari Kendre
The State of Mah.
K.U.CHANDIWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court