KAMLAKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Manik Savane was the first husband of Kantabai Kamalakar Kelkar, and on his death she married with the petitioner. Manik Savane had a chawl at Anjur within the limits of Bhiwandi and on his death it came to be entered in her name. The petitioner started harassing Kantabai so that she should transfer the said chawl in his name and, therefore, disputes arose between them. On similar incident Kantabai had filed a complaint with Narpoli police station on 3-8-1996. As such, with a view to pressurize Kantabai to withdraw the complaint, the petitioner is alleged to have assaulted Kantabai on 8-8-1996 at about 12 Noon, with knife on various parts of her body including chest. Complaint offence of this incident was lodged by Kantabai at Bhoiwada Police Station, Bhiwandi and, therefore, offence came to be registered at CR No. 75/96 under section 307 of the I.P.C. Petitioner had applied for grant of bail to the Sessions Court, Thane, but that application came to be rejected.

(2.) I have heard Shri Tangsali for the petitioner and Smt.Kantharia, APP for the respondent-state. From the papers of investigation, through which I have been taken through by both sides, there is prima facie case of offence under section 307 of the I.P.C. against the accused. However, it would be seen that investigation is complete and charge sheet is also filed and the case is committed to the Court of Sessions. In these circumstances, I find this the petitioner cannot be indefinitely kept in custody. It is apparent that trial in the Sessions Court, Thane are not being taken up for 3/4 years. In these circumstances, when possibility of absconding or tampering is not alleged, petitioner should be granted bail subject to conditions.

(3.) Accordingly, petitioner is directed to be released on bail on his furnishing solvent surety to the extent of Rs.10,000/- (ten thousand) and PR bond for like amount on condition that he shall not enter the limits of Bhiwandi Taluka Police Station and shall not tamper with the witnesses in any manner.