MANDA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant is seeking regular bail in connection with Crime No. 652 of 2019 registered with Newasa Police Station, District Ahmednagar for the offences punishable under Sections 302, 307, 341, 324, 323, 201, 504, 506 read with Section 34 of the Indian Penal Code. Her Bail Applications below Exhs. 22 and 26 in Sessions Case No. 12 of 2020 with similar prayer came to be rejected by the learned Additional Sessions Judge, Newasa, District Ahmednagar vide order dated 22.10.2020.

(2.) Heard both sides.

(3.) Learned Counsel for the applicant submits that the investigation is over and charge-sheet has been submitted. Learned Counsel submits that this is the frst application before this court after fling of the charge-sheet. The applicant is in jail in connection with the present crime since 03.10.2019. Learned Counsel submits that deceased Sambhaji and co-accused Shivaji are real brothers interse and the present applicant is the wife of co-accused Shivaji. There is long standing enmity on account of civil dispute in respect of agricultural feld between the brothers. Learned Counsel submits that the incident as alleged seems to have taken place all of a sudden without any premeditation. Learned counsel submits that informant who is also an injured person, has alleged that the co-accused Sonali who happened to be the daughter-in-law of co-accused Shivaji and the present applicant who is the wife of co-accused Shivaji, had come with chilly powder and it has been further alleged that the said daughter-in-law co-accused Sonali has thrown the chilly powder in the eyes of deceased Sambhaji. Learned Counsel submits that however thereafter, as alleged, both the deceased persons i.e. Sambhaji and Santosh, the informant and injured witness Ashok Vishnu Shinde sat in the car and while they were leaving that spot, co-accused Sharad obstructed the said car and co-accused Shivaji and co- accused Sharad have assaulted deceased Sambhaji and deceased Santosh.