BHARATBAI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned advocate Mr. A. D. Ostwal appearing for applicant and learned Additional Public Prosecutor Mr. S. L. Salgare for respondent-State.

(2.) The applicant has been arrested in Crime No.302 of 2019, registered with M.I.D.C. Police Station, Latur District Latur, for the offences punishable under Section 302, 143, 147, 148, 149, 201 read with 34 of the Indian Penal Code.

(3.) Learned advocate appearing for the applicant has vehemently submitted that, perusal of the entire charge-sheet would show that, no specific role has been attributed to the present applicant. Present applicant is the mother of Lalitabai, who is wife of Bhima - the maternal uncle of informant and deceased. The main allegations are against the co-accused Rohit Shelke. It is stated that, Rohit Shelke had assaulted deceased Arun Bharat Rathod by means of knife. It is also alleged in the First Information Report that, though this applicant had also assaulted Anand Chavan and Arun Rathod yet the First Information Report has been lodged by the girl who had not seen the incident. The statements of the eye-witnesses would show that, it is Rohit who had assaulted both the deceased persons. It also appears that, the incident had taken place due to the matrimonial dispute. There is no recovery at the behest of present applicant. There was no motive for her to commit any offence. Even if for the sake of arguments it is accepted that, she was present at the said place, yet mere presence may not amount to committing any offence. The family of the applicant is suffering unnecessarily. Though charge-sheet has been filed and case has been committed yet it will take longtime to stand the trial and, therefore, she be released on bail.