BHUDEVI RAJANNA RESHAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE . The learned A.P.P. waives service of rule. By consent rule is fixed forthwith. Heard Shri Marwadi, the learned counsel for the petitioner and the learned A.P.P.

(2.) THE application for bail is moved by one of the accused involved in the offence registered vide C.R. No.311/98 at Pant Nagar Police Station for the offence under sections 143, 144, 148, 149, 365, 368, 323, 342, 302 read with 34 I.P.C. on the complaint of Rajamma C. Patel dated 12-12-1998. In the complaint she has highlighted about the incident which occurred on 11-12-1998 at about 17 hours. At that time she heard somebody screaming loudly and enquiring about Sayamma's residence. She came out from her hut and saw Bharati Ganesh Sankura and the petitioner and the three persons whose description she has given and they were enquiring about Sayamma. When the hut of Sayamma was pointed out to them, they entered the hut of Sayamma and started damaging the articles found in the hut. At that time Sayamma was not there in the hut. After sometime all of them came out enquiring about Sayamma and the three male persons went towards Pant Nagar side and said two ladies waited there only. After five minutes one of the persons came informing that Sayamma is found and accordingly both the ladies and the male persons went towards Pant Nagar. They were in angry mood. The complainant alongwith her neighbourers Rajamma Garde, Anu Shamla, Manda Vani, Nandubai, Annu and other ladies went behind them and saw the two men holding Sayamma and the ladies were beating her with hands. The complainant and other ladies told them that she is pregnant and not to harass her. At that time one man took out a knife and threatened the complainant and other ladies. Thereafter a rickshaw was called and Sayamma was made to sit in that rickshaw. Though the complainant and other ladies tried to stop the rickshaw, the rickshaw went away. She has also identified the two ladies Bharati and Bhudevi when they were brought to the Police Station on 12-12-1998 at about 1.30 p.m. The description of three male persons are also given in her complaint and the investigation was proceeded.

(3.) THE application for bail was moved at the instance of the applicant before the Sessions Court, Greater Bombay being Bail Application No.114 of 1999. Considering the contentions raised before me and on examining the papers of investigation, the learned Judge has rejected the application for bail as per order dated 24-3-1999. The reason for rejecting the application for bail is highlighted in the order of the learned Judge in paragraph 3 of his order. The learned Judge has also observed that the applicant was present with Bharati and other accused and on considering the injury found in column No.17 of post-mortem note that the cause of death was due to injury on head. The learned Judge has further observed that at per the prosecution case, all the accused abducted the pregnant lady of six months and assisted the co-accused in abduction and accordingly rejected the application for bail.