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38-BA-991-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

BAIL APPLICATION NO. 991 OF 2022

Ashwini Manohar Hande

…Applicant

V/s.

The State of Maharashtra

...Respondent

Mr. Aniket Vagal a/w Mr. Kunal Pednekar a/w Divesh Mehani, for the

Applicant.

Ms. Veera Shinde, APP, for the Respondent/State.

CORAM :

N.R. BORKAR, J.

DATE

:

05.12.2022.

P.C. :

1.

This is an application under Section 439 of Code of

Criminal Procedure for bail.

2.

The applicant came to be arrested in Crime No. 305 of

2021 registered at Loni Kalbhor Police Station, for the offence

punishable under Section 302, 201, 120(B) read with 34 of the Indian

Penal Code.

3.

I have heard the learned counsel for the applicant and the

learned APP for the respondent/State.

4.

The deceased was the husband of the present applicant.

According to the prosecution the present applicant had illicit relations

with co-accused- Gaurav Mangesh Sutar. They therefore, hatched the

A. J. Vallakati

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38-BA-991-22.doc

conspiracy to eliminate the deceased. It is alleged that pursuant to the

said conspiracy on 24/05/2021, the present applicant and other co-

accused committed the murder of the deceased by strangulating him.

5.

The learned counsel for the applicant submits that there is

no evidence of homicidal death. I have perused the postmortem

report. There are no external injuries. The opinion as to cause of

death was reserved till the receipt of report of histopathological

examination. After receipt of report of histopathological examination,

the opinion of the doctor, who conducted the postmortem, as to cause

of death was sought. According to the said doctor, the final cause of

death is undetermined. Considering the facts and circumstances of the

case, I am inclined to release the applicant on bail. In the result,

following order is passed:

ORDER

A) The Bail Application is allowed.

B)

The applicant be released on bail in Crime No. 305 of 2021

registered at Loni Kalbhor Police Station, for the offence

punishable under Section 302, 201, 120(B) read with 34 of the

Indian Penal Code, on furnishing P.R. Bond in the sum of

Rs.25,000/- (Rupees Twenty Five Thousand) with one or two

sureties in the like amount.

[N.R.BORKAR, J.]

A. J. Vallakati

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