1 BA-1443-2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

BAIL APPLICATION NO.1443 OF 2020

WITH

CRIMINAL APPLICATION NO. 2317/2021

POOJA D/O. VILAS SATHE

Age : 21 years, Occupation : Education,

Resident of Khadgaon, Tal: Latur,

Dist.: Latur

Pin Code : 413 531 (Maharashtra)

VERSUS

THE STATE OF MAHARASHTRA

Through, The Police Inspector,

M.I.D.C. Latur Police Station, Latur,

Tal.: Latur, Dist.: Latur, Maharashtra

…

Advocate for Applicant : Mr A.D. Ostwal

APP for Respondent: Mr S.G. Sangle

CORAM : SHRIKANT D. KULKARNI, J.

RESERVED ON : 26.02.2022

PRONOUNCED ON : 03.03.2022

ORDER :

1.

The applicant is seeking bail in connection with Crime No. 382/2019

registered at MIDC Latur Police Station under section 302 and 120B of I.P.C. by

taking aid of section 439 of Cr..P.C., 1973.

2.

There is property dispute between two families resident of Khadgaon

namely, Janardhan s/o Govindrao Sathe since deceased and Vilas s/o

Govindrao Sathe who happened to be the real brothers. Namdeo s/o Janardhan

Sathe happens to be the son of Janardhan Sathe, who lodged the FIR on

06.11.2019 at about 9.30 a.m. about murder of his father Janardhan s/o

Govindrao Sathe when he was on the way to the house on his Jupiter scooter in

the evening of 05.11.2019. It is alleged in the said FIR that his father was

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heading to his house on the scooter when one black colour vehicle (Tata Safari)

bearing registration No. MH 12 DM 7378 gave dash to the scooter of Janardhan

Sathe and caused multiple injuries. The first informant immediately picked up his

father and brought him to hospital, but he was declared brought dead. According

to the allegations in the FIR, most of the male members of the family of Vilas

Sathe, who was behind the bar in connection with earlier crime No. 14/2019

alleged to have hatched conspiracy to commit murder of Janaradhan Sathe.

They alleged to have prepared plan to hire certain persons and executed the

plan on account of previous criminal case, previous rivalry and property dispute.

It is stated in the FIR that black colour Tata Safari, after giving dash to the

deceased, left the road and went into mud. The persons working at Deshmukh

Water Plant rushed to the spot and they attempted to nab two persons, who

were in the Tata Safari. One person ran away and another person was caught-

hold, whose name was Gaurav Kailas Jadhav and another person ran away was

Ashish Jadhav was also resident of Juni Sangvi, Pune, who was driving Tata

Safari at the time of accident.

3.

On the basis of FIR lodged by Namdeo son of deceased, crime No.

382/2019 came to be registered at MIDC Latur Police Station under section 302

and 120B of I.P.C. against Karansingh Gahirwal, Vishnu Sathe, Dhanraj Sathe,

Prem More, Gavarav Kailas Jadhav and Ashish Jadhav, Juni Sangvi, Pune.

4.

During the course of investigation, the name of present applicant -

Pooja alleged to have revealed. It is alleged that applicant-Pooja is the main

conspirator of contract killing of Janardhan Sathe. It is alleged that Pooja Sathe

along with her paramour Rahul Tukaram Jadhav hatched the criminal

conspiracy to eliminate father of the first informant. They had prepared plan after

having interaction with co-accused who are in jail in connection with another

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crime and hired persons from Pune to kill father of the first informant. Applicant -

Pooja alleged to have sold her gold ornaments to Jeweller Mr Tatwate, resident

of Savewadi. She has received Rs. 3,58,608/-. That amount alleged to have

been given by Pooja to Rahul, who executed remaining plan.

5.

Applicant - Pooja came to be arrested in above said crime on

08.11.2019. She