Bombay High Court

APPLN/3739/2009 of HARSHA D/O MADANLAL PARTEKI Vs STATE OF MAH. THR. P.S.O. KOTWALI on 29 December 2009

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FARAD CONTINUATION SHEET No.IN THE HIGH COURT OF JUDICATURE AT BOMBAYNAGPUR BENCH AT NAGPUR

Criminal Application No.3739/2009

( Harsha D/o Madanlal Parteki ..V/s.. State of Maharashtra, through P.S.O. Kotwali )

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's ordersappearances, Court's orders of directionsand Registrar's orders

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. O.K. Masurke, Advocate for applicant.Mrs. T.D. Khade, A.P.P. for State.

CORAM: PRASANNA B. VARALE J.

th 29DECEMBER, 2009.

DATE: 29

Heard Mr. Masurke, learned Advocate for applicant and Mrs. Khade, learned A.P.P. for State.

The applicant/accused apprehends the arrest on account of report lodged at police station Kotwalil on 17/11/2009.

The F.I.R. reveals that there was a quarrel between deceased Dipali Bankar and the applicant on account of balance amount towards certain articles. The quarrel followed by the hot exchanges of words between the applicant and the accused. In the F.I.R. itself it is submitted that Dipali was in fit of anger and after returning home she set herself on fire.

Learned Advocate for the applicant submitted that the applicant/accused is a young lady of 19 years. Even the perusal of F.I.R. would show that except the quarrel and exchanges of words nothing is attributed to the applicant. It is also submitted that the investigation is as good as completed and the applicant is ready to cooperate with the investigating agency. Learned A.P.P. opposed the application on the ground that the investigation is in progress.

In view of the above mentioned facts, in my opinion, this is a fit case to exercise discretion under section 438 of the Criminal Procedure Code in favour of the applicant.

Application is allowed.

In the event of arrest, the applicant be released on bail on furnishing bond of Rs.10,000/- (Rupees Ten Thousand Only) with one surety in the like amount.

The applicant is further directed to co-operate with the investigating agency and to attend Kotwali police station once in a week i.e. on Sunday at 11 a.m. to 1 p.m.

The applicant(accused) may thereafter apply for regular bail before the Court and the Court may consider the case on its merits.

Hamdast allowed.

JUDGE

Tambaskar.

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