CNR MHNS010035802020
CR. No. I­477/2020,
Ambad Police Station,
Nashik
registered
under sections 302
and 326 of the IPC.

Order below Exh.1 in Cri. Bail Application No.1264/2020.
{ Ranjana Rajesh Rane Vs. State }
The bail application is filed under section 439 of the
Code of Criminal Procedure, 1973 ( for short ‘ the Cr.P.C.’) by the
applicant­accused Ranjana Rajesh Rane, arrested on 18.09.2020 in
connection with C.R. No. I­477/2020, dated 03.09.2020 for the
offence punishable under section 302 and 326 of the Indian Penal
Code ( for short ‘the IPC’), filed with Ambad Police Station, Nashik.
She is in magisterial custody remand since 19.09.2020.
2.

The application has been preferred on the grounds that
the applicant­accused is falsely implicated in this crime. The
deceased and applicant­accused were husband and wife of each
other. The deceased had habit of drinking liquor. He demanded
money on that count to the applicant­accused. Disputes took place
in between them. He has run on the person of the applicant­accused
with a knife in his hand and was injured accidentally. The applicant­
accused was also injured and had taken treatment. There was no
motive or intention to kill. The offence under section 302 of the IPC
is not at all attracted. Initially, the offence was registered for section
326 of the IPC. The deceased had given beatings to the applicant­
accused, but it is not mentioned in the FIR. The deceased and
applicant­accused have a son and daughter. There is nobody to look
after them. There is no investigation pending. The daughter is
mentally ill and there is nobody to take her care. There is no
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pending recovery or discovery at the instance of the applicant­
accused. There is possibility of COVID­19 infection in the jail. She is
ready to abide with any condition imposed by this court. Hence, bail
may be granted to the applicant­accused.
3.

The learned APP Mr. Nikam, has filed say at Exh.05.

He has opposed the bail application on the grounds that the offence
is serious. Son of the deceased and applicant­accused Mandar
Rajesh Rane and their daughter Sonal Rane are the eye witnesses of
this incident. If the applicant­accused is released on bail, she may
pressurize the witnesses. The applicant­accused has stabbed the
knife for four times in the stomach of the deceased. Her intention to
commit murder is seen from her acts. She would commit similar
offences. She has injured herself by a knife and attempted to
commit suicide. Therefore, offence under section 309 of the IPC vide
C.R. No. 478/2020 is filed against her. There is possibility that she
would flee from justice. Investigation is yet incomplete. She would
not co­operate in investigation. Report of Chemical Analyzer is to be
collected. Hence, bail may not be granted to the applicant­accused.
4.

Heard both the sides. Learned APP Mr. Nikam has
advanced argument as per the line of say of the prosecution.
Learned Adv. Mr. A.K. Kale has submitted that due to disputes
between husband and wife the unfortunate incident had taken
place. The deceased had given beatings to the applicant­accused, as
a part of self defence, she had protected herself. There is no
intention or motive to commit murder. The offence under section
302 of the IPC is not at all attracted. She has two children. Her
daughter is suffering from mental illness. There is nobody to take
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her care. The documents of the illness are filed on record. No
purpose would be served by keeping her behind bars. Hence, bail be
granted to her.
5.

Amidst the above rival contentions, it is to be decided as
to whether the applicant­accused has made out a genuine case for
her enlargement on bail.
6.

Briefly stated, FIR dated – 03.09.2020, the deceased
was working as an Engineer in Perfect Circle Company. The
applicant­accused was his wife. They had two children son Mandar
and daughter Sonal. On 03.09.2020 he returned home after his
second shift and was asleep. He demanded money from his wife. In
the morning at about 6.30 am some one stabbed him in his
stomach. He has seen his wife Ranjana stabbing him in stomach. His
son Mandar attempted to save him. In that scuffle his wife Ranjana
also sustained injuries of knife. Initially, the offence was registered
under section 326 of the IPC. The injured informant succumbed to
his injuries on 10.09.2020. The offence under section 302 of the IPC
is applied.
7.

As per the post­mortem notes, the opinion as to
probable cause of death is as under :­
Death due to septicemia in cases of multiple stab
injuries to abdomen.
Stab injuries mention in column No. 17 are antemortem
in nature.
Stab Injuries mention in column No. 17 are caused by
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sharp edge weapon.
8.

As per column No. 17 of the post­mortem notes, there
are four stab wounds on the abdomen. As per the medical
certificate, surgery i.e. laparatomy is done. As per the police papers
a vegetable cutter knife has been seized from the spot of the
incident. Blood stained clothes and quilt is also seized. Son and
daughter of the applicant­accused are the eye witnesses of the
incident.
9.

Considering the entire above listed evidence, the
allegations are prima­facie well founded. There is ample material on
record against the applicant­accused. Her name is mentioned in the
FIR. Her alleged act of stabbing the deceased is also clearly
mentioned. There are four stab wounds in abdomen. Prima­facie the
active participation and role of the applicant­accused is evident on
record. The counter objection that it was an attempt of self defence
cannot be considered at this stage. So also, there is no material on
record to consider it.
10.

The investigation is yet in progress. The eye witnesses
are the son and daughter of the applicant­accused. Therefore, the
possibility of pressurizing or alluring them cannot be ruled out.
11.

The punishment provided to section 302 of the IPC is
with death, or imprisonment for life, and shall also be liable to fine.
Therefore, the offence is serious.
12.

It is submitted by learned Advocate Mr. A. K. Kale that
the daughter of the applicant­accused is mentally ill and taking
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treatment. Her certificate dated – 24 th Sept., 2020 issued by Civil
Surgeon, Nashik that she is suffering from mild intellectual
disability is filed on record. The learned APP has opposed this
ground on the submission that she is the prime witness in this case
and her statement is yet to be recorded with the help of expert
tutor. Thus, considering the fact that the daughter of the applicant­
accused is prime witness and her statement is yet to be recorded,
acquaintance of the applicant­accused with her may amount to
interference in investigation, at this stage.
13.

Thus, to sum up, the offence is very serious, prima­
facie the role of the applicant­accused and her participating in the
crime is evident. There is ample evidence against her. Investigation
is incomplete. She has close proximity with the witnesses as well as
scene of offence. Possibility of winning over the witnesses being
daughter and son can not be ruled out. Hence, at this stage, the
applicant­accused is not entitled to be released on bail. Resultantly,
I proceed to pass following order.
ORDER
The application filed by Ranjana Rajesh Rane, is hereby
rejected.
(Dictated and pronounced in open court)
Samarendra
Prakashrao
Naik
Nimbalkar
25.09.2020.

Digitally signed
by Samarendra
Prakashrao Naik
Nimbalkar
Date: 2020.09.25
13:31:05 +0530
(S.P. Naik­Nimbalkar )
Additional Sessions Judge,
Nashik.

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