RANJANA SHARAD BHADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned counsel for the applicant in Criminal Application No. 1527 of 2020. For the reasons stated in the application, the same is allowed in terms of prayer clause "B" and disposed off accordingly.

(2.) The applicant is seeking regular bail in connection with Crime No. 812 of 2019 registered with Shrigonda Police Station, District Ahmednagar for the offences punishable under Sections 302, 307, 323, 324, 436, 114, 143, 147, 148, 149, 504, 506 of IPC . Her application with similar prayer bearing Criminal (Bail) M.A. No. 48 of 2020 came to be rejected by the Additional Sessions Judge, Shrigonda.

(3.) Learned counsel for the applicant submits that there was a civil dispute between deceased Gorakh and co-accused Sharad. On 28.08.2019 at about 5.00 a.m., applicant Ranjana along with her husband co-accused Sharad and other co-accused persons came to the house of the complainant/deceased and threatened to assault him. However, deceased complainant and his wife did not come out of the house and therefore, co-accused Sharad, who is the husband of the applicant, set the house of deceased Gorakh on fire. In consequence thereof, when deceased Gorakh and his wife sustained burns, they came outside of the house and then the applicant and the other co-accused persons assaulted deceased complainant and his wife. Both of them sustained injuries and died in hospital while under treatment. Learned counsel submits that as per the FIR lodged by deceased Gorakh Bhade himself, the role ascribed to the applicant is limited to the extent that the applicant extended beating to the wife of deceased Gorakh with the help of stick on her legs, thighs etc. The incident had taken place due to a civil dispute between the parties. Learned counsel submits that even the mother of deceased Gorakh, who happened to be mother-in-law of the applicant, has filed her affidavit which is annexed to this application at page 111 wherein she has narrated the true story. The present applicant is not involved in commission of the actual crime. Learned counsel further pointed out that there is material variance in the allegations made in the FIR and the subsequent dying declaration of deceased Gorakh recorded by the Special Executive Magistrate. In the dying declaration recorded by the Special Executive Magistrate, deceased Gorakh has not made any allegations against the applicant. Learned counsel submits that the applicant is a woman. She is in jail since long. The applicant may be released on bail.