Cri Bail Appln. No.1303 of 2022 (Or. Exh.1)
1
IN THE COURT OF ADDITIONAL SESSIONS JUDGE, NASHIK,
AT – NASHIK.
(Presided over by Mr. M. H. Shaikh)
Criminal Bail Application No.1303 of 2022
CNR NO.MHNS010055042022
Asha Patric Manwel
Age : 70 years, Occu.: Housewife
R/o : Gaikwad Nagar, Igatpuri,
Tal. Igatpuri, Dist. Thane.

… Applicant/Accused.

V/S
State of Maharashtra
Through – Igatpuri Police Station
… Respondent/State.

Appearance : Ld. Adv. Shri. Deshmukh A. Ismail for Applicant/Accused.
Ld. A.P.P. Smt. B. N. Petkar for Respondent/State.
Shri. S. G. Rakhonde, A.P.I. (I.O.), Igatpuri Police Station.
ORDER BELOW EXH. NO.1
(Delivered on 28th November, 2022)
1.

This is an application under Section 439 of Criminal
Procedure Code for grant of bail in C. R. No. I­104/2022 registered with the
respondent Igatpuri Police Station for an offence punishable under
Section 302 r/w 34 of the Indian Penal Code.
2.

Read the application and the say filed by respondent vide
Exh.4. Heard Ld. Advocate for the applicant, Ld. A.P.P. for the respondent,
and the I.O., who is present before the Court. So also gone through the
police­papers produced for inspection by the I.O.

Cri Bail Appln. No.1303 of 2022 (Or. Exh.1)
2
3.

It is alleged that, on 19.08.2022 at night time the accused
No.1 alongwith his friends were consuming liquor in the house and at that
time quarrel took place between accused No.1, who is the son of the
applicant and the applicant. The applicant threatened the accused No.1 that,
she will file complaint against him. Accused No.1 and his friends went to
the place of deceased, who was a fast­friend of the applicant. Thereafter,
quarrel took place between accused No.1 on one side and applicant and the
deceased on the other side. The accused No.1 assaulted the deceased in her
stomach by knife, because of which she died. Matter came to be reported to
the Police by the son of the deceased.
4.

It is the case of the applicant that, she is falsely implicated
implicated in this case and there is nothing on record to involve this
applicant in the said crime. Recovery of muddemal is done. Investigation is
completed. Charge­sheet is filed. Applicant is in custody since her arrest.
Ready to abide by the terms and conditions likely to be imposed by this
Court. Applicant is a woman of more than 70 years. Therefore, prayed to
allow the application.
5.

Respondent objected on the ground that, the family of
applicant is having many cases on them. Applicant alongwith her son
conspired and murdered the deceased. If the applicant enlarged on bail, she
may again commit the similar offence, threaten the complain and the
witnesses. Therefore, prayed to reject the application.
6.

Upon hearing and going through the material placed on
record, what can be gathered is that, a quarrel took place between accused
No.1 and the applicant. The applicant was going to lodge the report with the
Police, at that time accused No.1 and his friends went to the place of
Cri Bail Appln. No.1303 of 2022 (Or. Exh.1)
3
deceased, who is the friend of the applicant and called her, so that the
applicant should not go to the Police Station to lodge the complaint. It
seems that, when the deceased came to the place of accused No.1 at that
time again quarrel took place between the accused No.1 on the one side and
applicant and deceased on the other side. Perusal of F.I.R. reflects that,
accused No.1 assaulted the deceased on her stomach and she died. Perusal
of police­papers, one will not find the motive of applicant in the said crime.
In fact, the applicant ought to have been a star witness on behalf of the
prosecution in the case in hand. Be as it is, applicant is in custody since her
arrest i.e. 19th August, 2022. Charge­sheet is filed. Investigation is over.
Applicant is more than 70 years of age. No purpose will be served in
detaining the applicant behind the bar for an indefinite period. By imposing
conditions applicant can be admitted to bail. Hence, the order.
ORDER
1.

Criminal Bail Application No.1303 of 2022 is allowed.

2.

Applicant Asha Patric Manwel be released on bail on her executing a
personal bond of Rs.25,000/­ with one or more solvent sureties in
like amount to the satisfaction of the I.O in connection C. R. No. I­
104/2022 registered with the respondent Igatpuri Police Station for
an offence punishable under Sections 302 r/w 34 of the Indian Penal
Code.

3.

Applicant not to repeat the similar offence in future.

4.

Applicant not to threaten and pressurize the complainant and
the witnesses.

5.

Bail before the Ld. J.M.F.C., Igatpuri.

6.

In the above terms, the Criminal Bail Application No.1303 of 2022
stands disposed off accordingly.
Digitally signed by
MUSHTAQUE
HUSSAIN
SHAIKH
Place : Nashik.
Date : 28/11/2022
MUSHTAQUE
HUSSAIN SHAIKH
Date: 2022.11.29
12:59:05 +0530
(M. H. Shaikh)
Additional Sessions Judge, Nashik.