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IN THE COURT OF SESSION AT GREATER BOMBAY
BAIL APPLICATION NO. 138 OF 2022
(CNR No. MHCC020007082022)
Mr. Mohammed Ibrahim Mohammed Iqbal
.. Applicant/Accused
Versus
The State of Maharashtra
(Through Nagpada Police Station)
.. Respondent
Ld. Adv. Sharif Shaikh for Applicant/Accused.
Ld. APP. Kalpana Hire for State/Respondent.
CORAM : HER HONOUR THE ADDITIONAL SESSIONS
JUDGE SMT. SANJASHREE J. GHARAT
(C.R. NO. 39)
DATED : 14.02.2022.
ORDER
This is application for bail u/s. 439 of Cr.P.C. in C.R.
No. 809 of 2021 registered with Nagpada Police Station for the offences
punishable u/s. 302, 201, 498A of I.P.C.
2.
As per FIR, the sister of the complainant got married with
Applicant on 16.04.2016. It is alleged that after marriage the Applicant
used to cause mental harassment on household reasons and for
providing mobile phone and Unicorn motorcycle. However, the sister of
the complainant tolerated in order to lead marital life with Applicant.
3.
It is alleged that on 28.07.2021 the complainant was called
by Applicant and instructed the complainant to take his sister Rubina
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with him. Therefore, complainant visited the house of Applicant and
found Rubina was sleeping. He found that Rubina urinated. Therefore,
he tried to interact with Rubina. However, she was not in position to
speak or express. Therefore, the complainant took her to the Balaji
Hospital, Byculla. Thereafter, Dr. Macheswala examined Rubina and
referred her to the Dr. Bhadrealam. The complainant took his sister
Rubina to the clinic of Bhadrealam till 04.08.2021. However, the
condition of Rubina not improved. Therefore, she was admitted in J.J.
Hospital. Rubina succumbed in J.J. Hospital on 06.08.2021. It is alleged
that from the date the complainant took Rubina, the Accused not made
any inquiry. So also, he had not attended her funeral. Moreover, his
house found locked. Therefore, the complainant went to the Medical
Officer of J.J. Hospital and made inquiry about the cause of death. On
which, the Medical Officer opined that the cause of death is Head
Injury. Therefore, the complainant filed complaint against the Applicant
for causing head injury which resulted in death of Rubina.
4.
The Applicant / Accused claims bail on the ground that he
is falsely implicated in the present offence. The Applicant claims that
the investigation is completed and Chargesheet is filed. It is further
submitted that the Applicant is in custody from 07.10.2021. He has
nothing to do with commission of offence. There is delay in filing FIR.
It is further submitted that Rubina died naturally and no visible injury
was found as alleged. Moreover, there was no allegation prior to the
present FIR. The Applicant claims that at the time of post mortem there
was pus in brain and therefore, possibility cannot be ruled out that it
might resulted in death of Rubina. The Applicant also produced Report
of CBC of deceased Rubina showing there is increase in White Blood
Cells. So also, there was Xray Report dtd. 24.07.2021 and no
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abnormality was detected. The Applicant relied on observations made
by Hon’ble High Court in case of Ajay Ramdular Rajbhar Vs. The State
of Maharashtra in BA No. 1162 of 2017.
In the cited case the
Accused was granted bail as the incident took place in spur of moment
and due to the grave and sudden provocation caused by the deceased.
The Advocate for Accused also placed reliance on observations made by
Hon’ble Allahabad High Court in case of Smt. Varsha Vs. State of U.P.
in Criminal Misc. Bail Application No. 14203 of 2021, in which Bail
was granted as the incident took place in spur of moment.
The
Applicant also produced written submissions pointing out there are
various reasons which can cause the head injury and produced the
Literature on the said point. The Applicant submitted that he is ready to
abide the condition of bail and prayed for release on bail.
5.
The Prosecution has raised objection to grant bail by filing
Say. It is submitted on behalf of the prosecution that the investigation is
completed. However, looking into the gravity of offence, if the Accused
is granted bail, then there will be every possibility that Accused will
tamper with the prosecution evidence. So also, there is every possibility
that he will threaten prosecution witnesses. Moreover, the weapon of
offence, by which the Accused assaulted the deceased Rubina and
caused head injury i.e. grinding stone is yet to be recovered. Therefore,
the prosecution strongly objected for release of Accused on bail.
6.
After going through the Prosecution case and argument
advanced it appears that the Accused though relied on the citation in
which the bail was granted for the incidents arising out of spur of
moment due to grave and sudden provocation, the Accused not came
with the contention that the incident took place with Rubina in heat of
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anger out of sudden provocation. The Accused claims that the deceased
Rubina was suffering from ailments and that might be caused for the
head injury. Therefore, the ratio laid down in the above referred
citation cannot be made applicable to the present case in hand. From
the FIR, it appears that after the incident Rubina sustained Head Injury
which is not visible. However, the said injury caused death of Rubina
due to internal bleeding. The Accused not brought to the notice of
complainant cause of alleged illness. So also, Rubina was not in position
to speak and express. Since there was no visible injury, it took time for
proper medical attention. However, unfortunately Rubina expired due
to the said Head Injury. It is pertinent to note that after Rubina
sustained Head Injury, the Accused not took her for medical treatment
and shifted his responsibility by asking the complainant to take Rubina
with him.
Moreover, thereafter, he neither visited the Hospital nor
attended the funeral of Rubina. So also, his house found locked. At this
stage, it is difficult to comment the cause of Head Injury and it is a
matter of trial. However, fact remains the cause of death of Rubina is
alleged Head Injury which is allegedly caused by hitting grinding stone
(ojoaVk). The offence is serious in nature. Looking into the gravity of
offence, merely because the investigation is completed is no ground for
release of Accused on bail. Therefore, I hereby proceed to pass
following Order :
ORDER
The Bail application No.138 of 2022 stands rejected
Date 14.02.2022.
Dictation Typed on 14.02.2022.
Checked & Signed on 18.02.2022.
(SANJASHREE J. GHARAT)
Additional Sessions Judge,
City Civil & Sessions Court,
Greater Bombay.
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
18.02.2022 at 3.30 pm
UPLOAD DATE AND TIME
Name of the Judge (With Court
room no.)
Date
of
Pronouncement
of
JUDGMENT/ ORDER
JUDGMENT/ORDER signed by P.O.
on
JUDGMENT/ORDER uploaded on
(Y.M. SAKHARKAR)
NAME OF STENOGRAPHER
SMT. SANJASHREE J. GHARAT
(C.R. No. 39)
14.02.2022
18.02.2022
18.02.2022