MHCC020096252022
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
(Presiding over by K. P. Shrikhande)
CRIMINAL BAIL APPLICATION No. 1783 OF 2022
(CNR No.MHCC020096252022)
Applicant :
Respondent:
Smt. Shobha Amit Patil
Age : 32 Yrs, Occ. Housewfie.
Residing at: Bahujan Pragati Mandal,
Near Haji Moinuddin Beef Shop, Big Shop,
Kona Market, Gowandi, Mumbai.
Versus
State Of Maharashtra
vide its C.R. No.459 of 2022 registered at
Tilak Nagar police station, Mumbai.
Shri Prakash Pujari, advocate for the applicant.
Shri Chavan, APP for respondent/State.
ORAL ORDER
(Dated 22nd December, 2022)
This is an application moved by the applicantaccused Shobha
Amit Patil under section 439 of Cr.P.C. for releasing her on bail.
According to her, Tilak Nagar police station, Mumbai has
registered a crime vide FIR No.459/2022 for the offence
punishable under sections 302, 452, 307, 141, 143, 146 and
147 of the IPC and also section 37(1)(a) of the Maharashtra
Police Act. The said crime was registered on the report lodged by
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B.A. No.1783/2022
the Smt. Pavitra Gautam Bansode. She came to be arrested on
03.06.2022.
2]
It is contented by the learned counsel for the
applicant that the applicant has been arrested only on
suspicious and no specific role has been assigned to the
applicant. It is also submission of the learned counsel for the
applicant that the applicant as a mother of small child, and care
and protection of the applicant as a mother is need for the said
child. He submits that there is no eyewitnesses to the incident
and furthermore, there is no direct or indirect evidence showing
her involvement in the crime. On this ground, he has prayed for
releasing the applicant on bail with the submission that the
applicant is already to abide by any condition, if imposed while
allowing the bail.
3]
The respondentprosecution has filed reply at Exh.2
and resisted the application. The learned APP submits that the
applicant and five other are involved in the crime and they all
with the common intention assaulted to deceased Prakash
Waghmare by entering into the house and trashed him with the
lathis (heavy sticks) in which deceased Prakash received the
grievous injuries including injury to his head.
Because, of
beating given by the applicant and others, the deceased had
fallen unconscious on the spot, and thereafter, he was taken to
hospital. During the course of treatment at the hospital, he died
next day i.e. on 03.06.2022.
It is submitted that direct and
circumstantial evidence as well as eyewitnesses are there, and if
the applicant is released on bail, there is possibility that there
would be threatening to the complainant and the witnesses, and
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B.A. No.1783/2022
furthermore, the applicant may tamper the prosecution evidence
and as such, prayed for rejecting the application.
4]
On perusal of the application, reply and hearing both
the parties, it is appearing that the report in respect of the
incident dated 02.06.2022 came to be lodged on the same day.
The said report was lodged by the Smt. Pavitra Gautam Bansode.
She is a relative of the deceased. The prosecution case suggests
that there was a love affair between Gautami and Rohit, a son of
the applicant, and on account of that, there was quarrel between
brother of the Gautami and the Rohit, and the said incident gave
birth to the present incident.
5]
The prosecution case suggests that on 02.06.2022 in
the noon at about 01.00 p.m. the applicant and five others had
gone to the house of the deceased Prakash and they all have
beaten him by the lathis (heavy sticks) and in the said beating,
the deceased had become unconscious, and in the unconscious
condition, he was taken to the Manik Hospital, Chembur Naka,
Mumbai. Soon after the said incident, the crime was registered
against the applicant and others for the offence punishable
under sections 452, 307, 141, 143, 146 r/w 147 of the IPC and
also under section 37(1)(a) of the Maharashtra Police Act.
However, injured Prakash died on the next day and therefore,
section 302 of IPC was added. It appears that deceased Prakash
is died due to the injury sustained in the incident of beating. It
must be observed that involvement of the applicant in the crime
is apparent from the materials placed on record alongwith the
chargesheet. The lathis by which the deceased was assaulted
have been seized by the police. There is an eyewitness who has
.. 4..
seen the occurrence of the incident.
B.A. No.1783/2022
The postmortam report
clearly suggests that deceased died due to the injury sustained
to his head. The offence alleged committed by the applicant is
serious in nature and it provides capital punishment.
Taking
into consideration all those facts, I am of the view that no case is
made out for grant of bail. In the result, I proceed to pass the
following order:
ORDER
Cri. B. A. No.1783 of 2022 is hereby rejected and
stands disposed off.
Mumbai
Date: 22.12.2022
Digitally signed
by KRISHNA
PUNJARAMJI
KRISHNA
SHRIKHANDE
PUNJARAMJI
SHRIKHANDE Date:
2022.12.26
16:16:00
+0530
(K. P. Shrikhande)
Addl. Sessions Judge,
Gr. Mumbai. C.R.10
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B.A. No.1783/2022
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
26.12.2022 at 04.15 p.m.
UPLOAD DATE AND TIME
Name of the Judge
Date
of
pronouncement
judgment/order
(Mr. S. V. Ambekar)
NAME OF STENOGRAPHER
HHJ SHRI K. P. SHRIKHANDE
(COURT ROOM NO.10)
of 22.12.2022
Judgment/order signed by P.O. on
26.12.2022
Judgment/order uploaded on
26.12.2022