CNR MHNS010051882022 Order below Exh.1 in Cri. Bail Application No.1204/2022.

( Nanda Laxman Nagare Vs State)

This is first application moved by the applicant­accused Nanda Laxman Nagare after filing of charge­sheet under section 439 of the Criminal Procedure Code for grant of bail in connection with CR
No. 259/2022 registered with Sinnar Police Station, Tal. Sinnar, Dist.

Nashik for the offence under section 302 of the Indian Penal Code in respect of alleged incident of murder of Laxman Baban Gajare.

2.It is stated in the application that on 13.6.2022 applicant accused was arrested and was remanded to police custody till 16.6.2022, thereafter taken into the magistrate custody and since then she is in jail. It is further stated that applicant­ accused is innocent and has no connection with the alleged offence and she has been falsely implicated in the present crime. The antecedents of the applicantaccused are clean. She has two kids. It is also stated that on the day of incident deceased had consumed the liquor and abused as well as threatened the applicant­accused and the children. The deceased himself has inflected the injuries and when applicant­ accused had seen the deceased, he was lying in blood pool. The earlier application Cri.

MA No.905/2022 was rejected on 2.8.2022 as the investigation was in progress. Now, the charge­sheet is filed in the Court and therefore, no purpose would be served by keeping the applicant­accused behind the bar. The applicant­accused is local resident and has deep root in the society, there is no chance of her absconding and she is ready to abide all conditions laid down by this Court, these and others ground set out in the application, hence, prayed for bail.

3.The prosecution objected the bail application. I.O. has filed his report Exh.5.

4.Heard, both the parties. Perused the record.

5.The learned counsel Smt. B.J. Sangle submitted that the police have seized all the weapons and articles during the course of investigation, recorded statements of witnesses and the charge­sheet is filed in the Court. The antecedents of the applicant­accused is clean.

No purpose will be served by detaining her behind bar. Her two children are depending on her. There are no chances that, she will pressurize the prosecution witnesses. The deceased was habitual drunked and he might have sustained the injuries in a quarrel outside the house. She further pointed out that the applicant­accused has done everything to make available the medical treatment to the deceased and thus, considering her behaviour it cannot be said that the applicant­accused is responsible for the unfortunate death of deceased.

Therefore, considering the peculiar facts of the case, she prayed to allow the application.

6.The learned AGP Shri. Sachin Gorwadkar submitted that, there is prompt FIR in the matter. The applicant­accused is facing charges of committing murder of her husband. The material collected during the course of investigation pointing out towards the guilt of present applicant­accused. Her brother­in­law is the first informant and considering the fact that the witnesses are family members, the applicant­accused may influence the prosecution witnesses and therefore, prayed to reject the application.

7.On perusal of the record it appears that on 13.6.2022 at about 5.00 a.m. the first informant received phone call from his friend who informed him to go and visit the house of deceased as something mishap has been occurred. Therefore, the first informant visited the house of deceased and saw that his brother deceased Laxman Baban Gajare was lying in the house and had sustained bleeding injuries. On inquiry the son of the deceased disclosed that a quarrel took place between his parents. During the quarrel his mother i.e. the present applicant ­accused assaulted the deceased by Hammer, therefore, Ambulance was called and the deceased was taken to the Civil Hospital, Sinnar and thereafter to Shivai Hospital, Sinnar, where he was declared dead. It is also stated in the FIR that the deceased and accused were frequently quarreling with each other. The deceased was in habit of consuming liquor and he was harassing the applicantaccused and on the day of incident in the quarrel between the husband and wife the applicant­accused had assaulted the deceased and caused serious wounds and consequently the deceased succumbed to the injuries.

8.

The incident had occurred in the house of deceased itself.

The incident is witnessed by the son of deceased. As stated above the FIR is lodged by the younger brother of the deceased. Therefore, there is sufficient material against the applicant­accused.

9.The present case is based upon direct evidence as on the light of the incident, it is the deceased, applicant­accused and their son Pranav Laxman Gajare aged 16 years, who is direct witness of the incident. He has specifically stated that at that time quarrel was going on in between father and mother. His father had sustained injuries to his left leg. His mother had assaulted the deceased with a Hammer on his legs. Even thereafter the quarrel was going on, however, this witness went to sleep. Dr. Vinod Gholap who has initially examined the patient i.e. deceased on the spot of incident and observed injuries on the person of the deceased. On inquiry the applicant­accused stated falsely that the deceased sustained those injuries due to fall from the motorcycle. However, at that time, the patient/ deceased was dead.

Accordingly, he informed another witness Vicky Kadbhane and advised them to shift the deceased to the Civil Hospital.

10.On perusal of the PM Report the deceased had sustained multiple injuries. There are abraded contusion and multiple contusions and lacerated wounds on the body of the deceased. The Medical Officer opined the death is due to head injury with haemorrhagic shock due to multiple blunt trauma to chest which are sufficient to caused death in ordinary course of nature individually and collectively.

Injuries caused by hard, heavy and pointed weapon or object. All injuries are antemortem in nature and fresh in duration. Thus, there is sufficient evidence and material collected by the I.O. during the course of investigation, which invariably pointing towards involvement of the present applicant­accused in the present crime. The witnesses are family members of the deceased and therefore, there are chances that the applicant­accused may pressurized them which will certainly hamper the prosecution case. Therefore, considering the seriousness of the offence, the application is devoid of merit and hence, liable to be rejected. Accordingly, following order is passed.

O R D E R
1.Bail Application bearing No. 1204/2022 is hereby rejected.

2.Inform to the concern police station accordingly.

SHINDE Digitally signed by SHINDE MADHAV A MADHAV A Date: 2022.10.14 17:06:41 ( M. A. S
+0530 hinde ) Date­13.10.2022 Additional Sessions Judge­ 9, Nashik.