Allowed

Ratnabai Samadhan Koli and Another v. the State of Maharashtra

Bombay HC20 Jan 2023BA/41/2023

Case brief

AI extract

What is this about?

In a bail application concerning the murder of a girl and a boy, this court allowed the bail of the deceased girl's mother and the deceased boy's uncle. The court found no evidence against the uncle and considered mere prior utterances of threats insufficient for continued detention.

What did the court decide?

Applicants released on bail by furnishing personal and surety bond of Rs. 50,000/- each.

Ratnabai Samadhan Koli and Another Vs the State… — Murder and Culpable Homicide | Bombay HC (2023)

¶1

¶2

934 B.A. No. 41-2023-.odt

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

¶4

934 BAIL APPLICATION NO.41 OF 2023

¶5

RATNABAI SAMADHAN KOLI AND ANOTHER

¶6

VERSUS

¶7

THE STATE OF MAHARASHTRA

¶8

Advocate for Applicants : Mr. Patil Jitendra Vijay APP for Respondents: Mr. K. S. Patil

¶9

CORAM : S.G. MEHARE, J. DATE : JANUARY 20,2023

¶10

PER COURT :

¶11

Heard the learned counsel for the applicant and learned A.P.P for respondent-State.

¶12

The applicant is the mother and applicant No.2 is the uncle of deceased girl. The sole allegation against the applicant No.1 is that four to fve months before the incident, she uttered in the police station that if deceased girl and the boy would marry, she would kill them. However, there is no statement or evidence against the applicant No.2 Ananda.

¶13

The learned counsel for the applicant submits that the girl and the boy who had love afair were allegedly killed by the sons of applicant No.1. Therefore, only on the

¶14

¶15

934 B.A. No. 41-2023-.odt

¶16

suspicious she has been arrested. The applicant No.2 has no role to play.

¶17

The learned APP has strongly opposed the application. He would argue that the applicants instigated co-accused to kill a girl and boy who had love afair and proposed to marry, for the reason they belong to diferent castes. He relied on the statement of the mother of the deceased boy about uttering threats to kill both before the police station.

¶18

Perused the chargesheet. Except uttering before four to fve months before the alleged incident, there is nothing against applicant No.1 Ratnabai. There is no evidence against applicant No.2 Ananda that he was involved in the alleged crime. It is really a very serious crime in which the daughter of the applicant No.1 and boy were killed at a time. However, to keep the the accused behind bar there should be a prima facie evidence against the applicants. Hence, the applicants are seeking bail. In the case at hand, mere utterance of words may not be a strong evidence. In the present set of facts and in the absence of any evidence

¶19

¶20

934 B.A. No. 41-2023-.odt

¶21

against applicant No.2 Anand, it would be inappropriate to keep the applicants behind bar. For the above reasons, the application deserves to be allowed. Hence, the following order :-

¶22

ORDER

¶23

i) The application is allowed.

¶24

Ii) Applicant No.1 Ratnabai Samadhan Koli and applicant No.2, Ananda Atmaram Koli be released on bail on furnishing P.B. and S.B. of Rs.50,000/- (Rupees Fifty Thousand) each with one solvent surety of the like amount, in Crime No. 331/2022, registered with Chopda City Police Station, Tal. Chopda, District Jalgaon for the ofences punishable under Sections 302, 323,504,120B and 201 read with Section 34 of the Indian Penal Code on the conditions that :-

¶25

(i) The applicants shall not contact any prosecution witnesses till the conclusion of the trial.

¶26

(ii) The applicants shall attend the trial on each efective date of hearing.

¶27

( S. G. MEHARE ) JUDGE

¶28

ysk

Ratnabai Samadhan Koli and Another v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Ratnabai Samadhan Koli and Another v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Siddharth Ashok Khare Vs the State of Maharashtra

Balasaheb Janardhan Ghongane Vs the State of Maharashtra

Shivaji Mhasudev Pardeshi Vs the State of Maharashtra

Vishnu Shankar Jadhav Vs the State of Maharashtra

Dewanand Uttam Uchit and Another Vs the State of Maharashtra

Shahajahan Chotumiya Shaha Vs the State of Maharashtra