LALITA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant is seeking regular bail in connection with Crime No. 302 of 2019 registered with M.I.D.C. Police Station, District Latur for the offences punishable under Sections 302 , 143 , 147 , 148 , 149 , 201 of IPC. Her application with similar prayer below Exhibit 21 in Sessions Case No. 141 of 2019 came to be rejected by the Additional Sessions Judge, Latur vide order dated 08.01.2020.

(2.) Learned counsel for the applicant submits that on the day of incident itself, a quarrel had taken place between the applicant and her husband Bhima. As per the allegations made in the complaint, in consequence thereof, the present applicant had called upon her brother co-accused Nilkanth. Learned counsel submits that after arrival of co-accused Nilkanth and the other persons, the quarrel had taken place. Learned counsel submits that in the said quarrel, as per the allegations, as of sudden, in the heat of anger and in the heat of passion, co-accused Nilkanth and Rohit, on their own took out the knife and inflicted injuries with the help of said knife on the person of deceased Arun Rathod and Anand Chavan who are the nephews of husband of the applicant, namely, Bhima. Learned counsel submits that allegedly, the applicant was present on the spot, however, neither she had instigated the co-accused persons, nor actually participated in commission of the crime so far as the assault made on those deceased persons with the help of knife by the co- accused persons. Learned counsel submits that in identical set of allegations, mother of the applicant, namely, Bharatbai and other two co-accused persons by name Govind and Sagar came to be released on bail by this Court and as such, the principle of parity stands attracted. Learned counsel submits that the applicant is a woman behind bars since 29.08.2019. There is no criminal history. The applicant is having two daughters and two sons. She is a housewife. The applicant may be released on bail.

(3.) Learned APP has strongly resisted the application on the ground that the applicant is the root cause of the incident which took place on 28.08.2019. The present applicant was not keeping well with her husband Bhima Chavan and on the date of incident when the quarrel had taken place between them, she called upon her brother Nilkanth and mother Bharatbai to support her. In consequence thereof, a big quarrel had taken place and in the said quarrel two persons, namely, Anand and Arun, who happened to be the nephews of Bhima (husband of the applicant), lost their lives. Learned APP submits that the applicant had called upon her brother and the other persons and as such, there is every scope to infer about common intention. Though she had not actually participated in commission of crime, however, the presence of the applicant at the time of the incident has been noted by the eye witnesses and she had participated in the quarrel. The applicant may not be released on bail.