BAIL APPLN.No.1147/2022 (order below Exh.1) IN THE COURT OF ADDITIONAL SESSIONS JUDGE, NASHIK AT NASHIK BAIL APPLICATION NO. 1147/2022

Sou.Shraddha Saiman Manwel, ]
Age -20 yrs. Occu – Household, ]
R/o.Gaikwad Nagar, Igatpuri, Tal.Igatpuri, Dist.Nashik. ] Applicant / Accused

V/s.

The State of Maharashtra ] Through– P.I. Igatpuri Police Station, Dist.Nashik. ] Prosecution /]Respondent

Advocate Shri.J.S.Shaikh for the applicant/accused.

APP Shri.S.G.Kadave for the State.

ORDER BELOW EXH.1

This bail application is filed by the applicant under Sections 439 of Criminal Procedure Code in connection with C.R.No.104/2022 for the offence punishable under Section-302 r/w. 34 of the Indian Penal Code registered with Igatpuri Police Station.

2. Facts of the prosecution case is that the informant Asif Mehamood Shaikh lodged complaint that on 19.8.2022 he was alongwith his mother Zafiya, wife Asma, two sons by name Fatima and Khalima are staying in a joint family. Elder brother Sarfaraj Shaikh and his wife were staying at Baneli, Post- Ambivali, Dist.Thane. Shaikh family was having cordial relation with neighbour family i.e. Ashabai Patril Manwel family. They known very well to Ashabai, her son and daughter-in-law. On 18.8.2022 as usual he
attended his duty and returned to home at 6 p.m.. After having lunch they went to sleep at 10.30 p.m.. On 19.8.2022 at about 2.15 a.m. Chhota Papa came alongwith Sani Ramesh Pagare, Gulab Mohammad Shaikh. Chhota Papa called to informant’s mother in order to open the door. Subsequently, she asked from inside; he called out her mother and his mother went outside. Chhota Papa asked his mother, “when he alongwith his friend Adil Isamuddin Pathan, Farahan Kurshid Baig, Sani Ramesh Pagare, Gulab Mohammad Shaikh; while sitting in upper floor to drink alcohol; altercation took place in between his mother and Shraddha Vahini and both of them insisting lodged complaint at police station against him”. Informant’s mother requested him that she will came tomorrow to convince his mother and
sister-in-law as he drunk at larger extent. Informant has seen inside and found that due to the frequent request to his mother by Chhota Papa she consented to go with him. Despite of refusal by him she assured that she will convince Ashabai and return back. She went to Chhota Papa’s house. Despite
of efflux of time she did not returned therefore, he went to their house at 3.00 o’clock and found that his mother was lying in a pull of blood. The people present were Shradha Saiman Manwel and Ashabai Patric Manwel informed that my mother went to intervene in dispute arose and Chhota Papa stabbing her chest. He informed to his wife Asma and to police and police called ambulance and at Civil Hospital, Nashik she declared as dead.

Thus, Chhota Papa @ Jan Patric Manwel alongwith other accused Adil Isamuddin Pathan, Farahan Kurshid Baig, Sani Ramesh Pagare, Gulab Mohammad Shaikh, Ashabai Patric Manwel and Shraddha Saiman Manwel (applicant/accused) hatching common conspiracy on the ground of settling dispute killed Zakiya Mehmood Shaikh brutally and therefore she scummed to injury.

3.It is the case of the applicant/accused that she is only 20 years old and having one infant. Other co-accused sitting in her house in upper floor to drink alcohol and the applicant and her mother-in-law opposed the said fact. The fact of death of Zakiya had been happened by male co-accused under the influence of alcohol and therefore Section 302 of IPC is not attracted. No one is eye-witness of the incident. Applicant is implicated in this case as she is sister-in-law of accused no.1 Chhota Papa. No muddemal has been seized by the police form the possession of applicant/accused.

Investigation is completed for the applicant/accused by the police. She has no criminal antecedents. She is ready to abide any condition imposed by the Hon’ble Court. She will co-operate to the investigating agency. Hence, prayed for bail.

4.On the other hand, Ld. APP Shri.Kadave has strongly opposed for bail on the ground of brutal murder. I have heard I.O. Shri.Rakhude API.

5.Heard both side at considerable length. I have gone through the application and reply of I.O. Applicant/accused is from Manwel family and lot of offences of murder has been lodged against the family members.

Applicant is also main accused in C.R.No.104/2021 and she is wife of main accused in the C.R.No.101/22. Igatpuri Police Station has prosecuted applicant’s husband Saiman under provisions of MSOC Act all her family members are presently behind bar in a offence of murder including 1) Ashabai Patric Manwel, 2) Saiman Patric Manwel, 3) Kau @ Francis Patric Manwel, 4) Shraddha Saiman Manwel. It is to be noted that two family members 1)Ajay Patric Manwel, 2) Chhota Papa @ John Manwel are absconding in murder case. Say filed by police reveals that Manwel family are the gangster having terror in the society and mostly in Igatpuri area no one would come forward to record statement against them. The witnesses are under heavy pressure and the normal person in Igatpuri are disgusted due to the criminal activities of Manwel family members including applicant / accused. Most of the Manwel family members are in jail in various offences and two accused are absconding. Considering the circumstances, I am of the considered opinion that if any Manwel family member will release on bail;
it will loss to the common public as prima-facie they are shown to be habitual offenders. As per the contention of Chhota Papa; applicant and her mother-in-law insist to call victim at their home and therefore, it has more chances of pre-planned offence. After the unfortunate incident of murder
informant’s family left Igatpuri.

Role played by the applicant :-

6.When family dispute arose in applicant’s family as Papa Manwel was drinking alcohol and enjoying party with his three friends on upper floor of his house. Dispute took place between the Papa, his mother and applicant (Shraddha Vahini) on the ground of drinking alcohol. Applicant called victim
to settle dispute and incident took place. No steps taken by applicant to help investigating agency if she was not guilty. In present scenario and after perusal of Exh.A the details information about the various offences registered against the Manwel family members at the instance of Igatpuri Police
Station, she can’t be released on bail in such circumstances. I am of the considerable opinion that applicant has played major role in commission of offence of murder. If the applicant is released on bail possibility to support the absconding accused and also threaten to prosecution witnesses. Hence, I
am of the considered opinion that applicant/accused is not entitled to release on bail. Hence, following order is passed –

O R D E R

1.Bail application is rejected being devoid of merits.

2.Criminal Bail Application stands disposed of accordingly.

Digitally signed by UMESHCHANDRA UMESHCHANDRA JAIKUMAR MORE JAIKUMAR MORE Date: 2022.10.06 16:57:55 +0530 (Dr. U.J. More) Nashik. Additional Sessions Judge Date : 04.10.2022 Nashik.