KASHINATH MINBA KASVE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE complainant Ashabai was the kept mistress of petitioner No. 1 and later on petitioner No. 1 married a second woman in which the complainant tried to create obstacle but she was driven away. After marriage, complainant Ashabai went to the house of petitioners and asked petitioner No. 1 to make some arrangement for her maintenance. Petitioner No.1 told her that he cannot do anything and she should go away but she was not prepared. Petitioners No. 2 and 3 are then alleged to have held her while petitioner No. 1 administered some insecticide and drive her away. The complainant Ashabai thereupon came to Malegaon - a place 80 kms away from Karanjgavhan and got herself admitted in the hospital. She then lodged complaint in Vadnerkhakurdi Police Station. On these facts, petitioners No. 1 to 4 came to be arrested for offence under Section 307 read with Section 34 IPC.

(2.) THE Additional Sessions Judge, Malegaon, rejected the bail application of the petitioners, because of the aforesaid role ascribed to each of them.

(3.) ACCORDINGLY , bail application of petitioner No.1 is rejected. Petitioner No.2 to 4 are directed to be released on bail on each of them furnishing surety to the extent of Rs.5,000/- (Rupees five thousand only) and P.R. for the like amount.