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IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI
CRIMINAL BAIL APPLICATION NO.154 OF 2022
CNR NO. MHCC020007402022
Mrs. Mangal Yezdiar Behram,
Alias Mrs Mangal Gaikwad
Age : 44 years, Occ :
R/at : 803/D, Ghatalia Mansion, 1st floor,
Dr. Ambedkar Road, Dadar (East),
Mumbai – 400 014.
]
]
]
]
]
]…Applicant/Accused
Vs.
The State of Maharashtra
(At the instance of Mautnga Pol. Stn.)
]
]…Respondent/State
Appearances :
Mr. Paresh Thakar, Ld. Advocate for the Applicant/Accused.
Ms. Jyotsana Gawali, Ld. APP for the Respondent/State.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI B.V. WAGH
(C.R. NO.24)
TH
DATED : 24 JANUARY, 2022.
(ORAL ORDER)
Dictated and pronounced in the open Court)
The applicant seek his release on bail under Section 439 of
Cr. P.C. in connection with C.R. No.561/2021 registered with Matunga
Police Station for the offences punishable under Sections 304, 201, 182,
120(B), 495, 504, 506 of the Indian Penal Code.
2.
Aforesaid crime emerged from the report dated 15.12.2021
lodged by Natasha Sethna alleging therein that she is only daughter to
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her parents. After her marriage, she is residing with her husband. In the
year 2016, after demise of her mother, her father was residing lonely in
the house. Her father employed the applicant as his caretaker. Since
then applicant is residing in the house as Caretaker. It is alleged that
when informant made a call to her father, applicant creates hurdle and
did not permit her father to speak with her. It so happened that on
8.10.2020, she received information from her relatives that her father is
serious. When she made phone call to her family doctor, he informed
that her father is no more. When she went at cremation ground, she
noticed contusion and bruises on head of her father. When she reasoned
applicant, she did not answer. Later on, she learn some foulplay. On
digging deep, it came fore that applicant is responsible for death of her
father and she prepared false Death Certificate showing natural death of
her father. It also came fore that the applicant managed to convert her
status as a caretaker into legally wedded wife of deceased and grabbed
the property of deceased. On the basis of above mentioned information,
the aforesaid crime is registered.
3.
The Ld. Advocate for the applicant urged that applicant is
innocent and falsely framed in given case. He urged that the cause of
death of the deceased is natural death and he was brought dead in
hospital. So no autopsy was conducted on the deceased. He urged that
the applicant and informant’s father had entered into marital knot and
thus, the former is legally wedded wife of the latter’s father. He urged
that during the lifetime of father of informant, he has devolved his
property to the applicant being his legally wedded wife. When applicant
filed a civil suit for declaration and injunction against the informant,
she has filed the present FIR as a counter blast to the suit. There is
delay in lodging the report. According to him, applicant was arrested on
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10.01.2022 and after necessary interrogation, she is brought back to
judicial custody on 15.01.2022. Applicant is lady and there is no
criminal antecedent against her. As such, further incarceration is
unwarranted. Lastly, he prayed to released applicant on bail.
4.
Ld. Prosecutor resisted the application by filing say Exh.2 and
inter alia contended that there is prima facie case against the applicant
who has withhold the cause of death of the deceased by giving
misinformation to the informant. The applicant obtained the Death
Certificate of the deceased without revealing real cause of death due to
that post mortem was not conducted. Lastly, she prayed to reject the
application.
5.
Heard both the sides and perused investigation papers.
6.
Survey of the investigation papers indicates that at the time
of death of deceased, applicant was residing with deceased as his wife.
The documents on record indicates their registered marriage. After the
death of the deceased, the applicant sue the informant for civil
remedies. On going through the investigating papers, it appears that
investigation is considerably progressed. The say filed by the
investigator do not indicate any specific reason for her further
incarceration. No criminal antecedents has been demonstrated against
the applicant. Considering the nature of allegation, applicant is a
woman and investigation is considerably progressed, further detention
of the applicant is unwarranted. Considering the anguish expressed by
the Ld. Prosecutor that applicant will tamper the witnesses, the said
apprehension would be taken care by imposing stringent conditions.
Hence, the following order :
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ORDER
1.
Criminal Bail Application No.154 of 2022 is allowed.
2.
Applicant/accused Mrs. Mangal Yezdiar Behram Alias Mrs
Mangal Gaikwad be released on bail on her furnishing P.R. Bond
of Rs.15,000/ along with surety of like amount in connection
with C.R. No.561/2021 registered with Matunga Police Station
for the offences punishable under Sections 304, 201, 182,
120(B), 495, 504, 506 of the Indian Penal Code.
3.
Applicant/accused shall attend Matunga police station on every
Sunday between 11.00 a.m. to 2.00 p.m. till filing of the charge
sheet.
4.
Applicant/accused shall furnish his residential address proof and
contact numbers to Investigating Officer.
5.
The applicant/accused shall not directly or indirectly, make any
inducement, threat or promise to any person acquainted with the
facts of the case so as to dissuade him from disclosing such facts
to the Court or to any Police Officer.
6.
Applicant/accused shall not leave India without the previous
permission of the Court.
7.
Criminal Bail Application No.154 of 2022 stands disposed of
accordingly.
Date : 24.01.2022.
Dictated on
: 24/01/2022
Transcribed on : 24/01/2022
HHJ signed on : 24/01/2022
[B.V. WAGH]
ADDITIONAL SESSIONS JUDGE
GREATER MUMBAI
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date
24.01.2022
Upload Time
3.55 p.m.
Name of Stenographer
PRAJWALA V. PHODKAR
Name of the Judge (With Court HHJ SHRI. B.V. WAGH (CR 24)
Room No.)
Date
of
Pronouncement
JUDGMENT /ORDER
of 24.01.2022
JUDGMENT /ORDER signed by P.O. 24.01.2022
on
JUDGMENT /ORDER uploaded on
24.01.2022