Page No.1
Criminal Bail Application No.1269/2020
CNR No. MHNS010035892020
(Vinayak Ananda Mhasale vs. The State)
Order below Exhibit1
(1)
Perused application and say. Heard both the learned
Counsels.
(2)
By this second bail application under section 439 of
Criminal Procedure Code, the accused no.1 Vinayak Ananda
Mhasale of Crime No. 138 of 2020 registered with Deolali Police
Station under section 304B, 323, 504, 506 r/w. 34 of the Indian
Penal Code seeks regular bail on the ground of changes in
circumstances.
It is objected over nature of offence and
likelyhood of pressurizing witnesses.
(3)
The earlier Criminal Bail Application No. 717 of 2020
came to be rejected on 16.06.2020.
(4)
The learned Counsel for the applicant has submitted
that, there is no evidence on record to constitute offence under
section 304B of Indian Penal Code. However, now the final report
under section 173 of Cr.P.C. has been furnished, committed to this
Court. It is registered as Sessions Case No. 124 of 2020. Also, the
post-mortem report does not reveal that, the victim was ever
subjected to cruelty since no visible injuries were found on her
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person. Thus, the applicant deserves bail.
(5)
The learned A.G.P. has submitted that in 2018, the
accused no.2 had inflicted injury by sickle over petty dispute of
fetching of water and the said illtreatment was condoned and no
offence was registered. Also the hospital authority has not issued
the final opinion of cause of death. Hence, applicant deserves no
bail.
(6)
On going through the final report, it is conspicuous
that the victim and accused no.1 were married on 27.05.2015.
Everything was hunky and dory and one son is born of said
wedlock.
(7)
The victim had consumed poison on 14.04.2020 at
evening and therefore she was hospitalized on 16.04.2020, where
from she was shifted to Civil Hospital, Nashik on 18.04.2020. Her
health was improved and thus she was discharged on 20.04.2020.
Since, she was suffering from fever etc., she was again
hospitalized on 24.04.2020 and on 08.05.2020 she succumbed to
her ailments. Her body was subjected to postmortem by the Panel
of the Medical Officers, Nashik. The Panel of Medical Officers
have observed no external or internal injuries on the body. Thus,
the Panel of Medical Officers unanimously, reserved their final
opinion about the cause of death until CA report is received.
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(8)
Initially, the death of deceased was registered as
accidental one under section 174 (1) of Cr.P.C., after effecting
inquest, the body was referred for autopsy. The prosecution has
suspected the death to be of poisonous substance consumed.
Thereafter, the body was cremated.
(9)
First time the brother of victim lodged and complained
about harassment by filing an F.I.R. on 29.05.2020. He alleges
that, in 2018, the victim was outstayed by the accused persons and
there was demand of money. However, no report was lodged with
either police station.
(10)
It is germinate to note that, between 15.04.2020 to
08.05.2020 the prosecution had no endeavor to record the
statements/declaration of victim before Magistrate which could be
treated as dying declaration.
The learned Counsel for the
applicant has submitted that, since the deceased had symptoms of
Covid-19, she was hospitalized on 24.04.2020 during pandemic.
Unfortunately, she succumbed thereto on 08.05.2020. The
informant had lodged an F.I.R. after thought with oblique motive.
(11)
The record shows that, on her own victim had left the
house of accused. Accordingly, a missing report was lodged.
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(12)
Medical papers of Signus Hospital reveals that, the
victim could not breath and her respiratory rate was 38 per
minute. There was oxygen saturation upto 72% and pulse rate
were 118 per minute. She had fever and her skin was yellowish
alike jaundice. It is opined that, since 2 months she had problem
of breathing. She was supplied BIPAP ventilator. The said
hospital authority has opined to point no.6 about cause of death to
be ..
“Septic shock with multi organ failure with respiratory
muscle paralysis due to paraquat poisoning in a case of 2
months amenorrhoea”
(13)
Thus the cause of death opined by the treating Doctor
has no proximity to alleged illtreatment, questioning qua offence
alleged.
(14)
Even otherwise, the circumstances are changed since
the final report has been furnished. The accused no.1 is behind the
bar since 29.05.2020. He has not criminal antecedent. There is
nobody to look after his business/profession.
(15)
In view of the above, I come to the conclusion that
applicant deserves conditional bail. Hence order :Order
1.
Application stands allowed as under:
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2.
Applicant accused No.1 Vinayak Ananda Mhasale
be released on furnishing PR and SB of Rs.
25,000/ with one or two solvent sureties of like
amount on following conditions :
a]
He shall not tamper prosecution witnesses.
b]
He shall not leave India sans the permission of
this Court.
Vikas
Shivruprao
Kulkarni
October 15, 2020
Digitally signed by
Vikas Shivruprao
Kulkarni
Date: 2020.10.16
11:46:58 +0530
( Vikas S. Kulkarni )
Additional Sessions Judge, Nashik