Cri.B.A.No.1822/2020 Criminal Bail Application No.1822/2020 CNR No. MHNS0010053262020
[ Aasha Patrick Manwel V s. State ]
Order below Exh.1.
This is application for regular bail U/s. 439 of Cr.P.C. in Cr.No.I101/2020 of Igatpuri P. S., for offences punishable under Sections 302, 120B of I.P.C., on the basis of FIR lodged by Sandip Dattatraya Patil contending therein that on 17.12.2020, the accused namely Ajay Manwel, Simon Manwel, Rajkumar Bharati, Ajay Pawar assaulted his maternal uncle Sanjay Baban Dhamane on his stomach, chest and face by some sharp weapon. It is further contended in the FIR that Asha Patrick Manwel conspired with these accused persons to commit murder of his maternal uncle.
2.Bail application is filed on the ground that the applicant is innocent and has been falsely implicated in the case. That the only allegation against the applicant is that she instigated other accused to take revenge of murder of her son. As the applicant is witness in the case filed by applicant against uncle of informant, she falsely involved in this case. There are no criminal antecedents against applicant. She is lady and Karta of the family, working as a vendor at Igatpuri Railway Station and earning her livelihood. She will cooperate with investigation and shall not tamper with prosecution evidence. She will not abscond. She is ready to abide by all terms and conditions if any imposed by the Court. On these main grounds and others has prayed for bail.
3.Notice was issued to State. State appeared through Ld. APP Mr. Gorwadkar and filed say resisting for grant of application on the grounds that the present accused instigated other accused to commit murder of maternal uncle of informant. There is another serious crime due to rivarely in between informant, deceased and accused. There is possibility of commission another crime. There will be problem of Law and order in Igatpuri. Other three accused are absconded. Investigation is in progress. On these main grounds and others have prayed for rejection of bail application.
4.Heard Ld. Advocate Mr.Vagal for applicant. Perused bail application. Heard Ld. APP Mr.Gorwadkar. Perused police papers and say filed by Igatpuri police station.
5.On perusal of F.I.R. as well as case papers, the allegations faced by the accused persons are that on 18.12.2020 at 10.30 p.m., when the informant had gone to search the deceased who had been to purchase liquor, he witnessed that his uncle was assaulted by Ajay Manwel, Simon, Rajkumar and Ajay Pawar. The FIR is lodged on 19.12.2020 at 5.57 p.m. That is early hours of the next day. The name of the present applicant features in the FIR for hatching conspiracy. The brother of the deceased namely Rajesh Dhamane is prime accused in Sessions Case at Kalyan court which is with respect to murder of the son of the present applicant. The investigating officer has recorded statements of witnesses wherein they have witnessed that present applicant used to instigate other coaccused to avenge her son’s death. The Advance certificate of death disclosed multiple stab injuries on the face, neck, chest, abdomen which are sufficient to cause death in ordinary course of nature. Though the applicant is a woman, at this stage, the investigation is still in progress. The offence is punishable with Imprisonment for Life or death. Hence, at this stage, when the instigation is at bud as the incident is hardly of 15 days, it will not be appropriate to exercise discretion in favour of the applicant.
Hence, I proceed to pass following order.
ORDER
(1). Application stands rejected.
Digitally signed by Vardhan Vardhan Prataprao Prataprao Desai Desai Date: 2021.01.08 16:37:04 +0530
Nashik. ( V. P. Desai) Date : 08/01/2021 Additional Sessions Judge, Nashik.