Mumbai, January 24, 2022 – Mangal Yezdiar Behram, also known as Mangal Gaikwad, has been granted bail by the Sessions Court for Greater Mumbai in a case related to the alleged custodial death of her husband. Additional Sessions Judge B.V. Wagh (Court Room No. 24) issued the order on January 24, 2022.
Behram was arrested in connection with C.R. No. 561/2021, registered at the Matunga Police Station, for offenses under Sections 304 (culpable homicide not amounting to murder), 201 (causing disappearance of evidence), 182 (false information), 120(B) (criminal conspiracy), 495 (bigamy), 504 (intentional insult), and 506 (criminal intimidation) of the Indian Penal Code (IPC).
Background and Allegations:
The case originated from a report filed by Natasha Sethna, the deceased’s daughter, alleging that Behram, who was employed as her father’s caretaker, was responsible for his death. Sethna claimed that Behram obstructed her communication with her father, provided false information about his death, and obtained a false death certificate showing natural causes. She also alleged that Behram fraudulently claimed to be her father’s legally wedded wife and usurped his property.
Arguments Presented:
Advocate Paresh Thakar, representing Behram, argued that she was falsely implicated and that the deceased died of natural causes. He stated that Behram and the deceased were legally married and that the deceased had devolved his property to her during his lifetime. He claimed that the FIR was a counterblast to a civil suit filed by Behram against Sethna. He emphasized that Behram was arrested on January 10, 2022, and after interrogation, was remanded to judicial custody on January 15, 2022. He also highlighted that Behram is a woman with no criminal antecedents.
Additional Public Prosecutor (APP) Jyotsana Gawali, representing the State, opposed the bail, arguing that there was a prima facie case against Behram for concealing the cause of death and obtaining a death certificate without revealing the true circumstances.
Court’s Reasoning and Decision:
Judge Wagh reviewed the investigation papers and noted that Behram was residing with the deceased as his wife at the time of his death. The court acknowledged the documents indicating their registered marriage. It also noted that Behram had filed a civil suit against Sethna after the deceased’s death.
The court observed that the investigation had progressed considerably and that the prosecution’s reply did not provide specific reasons for Behram’s further detention. The court also noted the absence of any criminal antecedents against Behram.
Considering the nature of the allegations, Behram’s gender, and the progress in the investigation, the court found further detention unwarranted. The court addressed the prosecution’s concern about witness tampering by imposing stringent conditions.
Bail Conditions:
Behram was granted bail upon furnishing a personal bond of Rs. 15,000 with a surety of the same amount. The following conditions were imposed:
- Behram must attend the Matunga Police Station every Sunday between 11:00 a.m. and 2:00 p.m. until the charge sheet is filed.
- She must provide her residential address proof and contact numbers to the Investigating Officer.
- She must not directly or indirectly influence, threaten, or promise any person acquainted with the case.
- She must not leave India without prior permission from the court.
Order Details:
The order was dictated, transcribed, and signed on January 24, 2022. The certified copy was uploaded on January 24, 2022, at 3:55 p.m.
This decision reflects the court’s consideration of the progress in the investigation, the marital claim, the absence of criminal antecedents, and the imposition of conditions to ensure Behram’s compliance with the legal process.