SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Vijaykumar S/O. Bhimrao Gaikwad … vs The State Of Maharashtra on 3 March, 2020

28.BA.1445.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

BAIL APPLICATION NO.1445 OF 2019

1. Vijaykumar s/o Bhimrao Gaikwad,
Age :35 years, Occu: Labour

2. Bhimrao s/o Zatinga Gaikwad,
Age : 60 yrs. Occ. Labour

3. Naginbai w/o. Bhimrao Gaikwad,
Age : 50 years, Occupation: Household,
All R/o. Usturi Tal. Nilanga Dist. Latur. … Applicants/accused

VERSUS

The State of Maharashtra
through the in-charge Police Officer
P.S. Kasarsirsi, Nilanga,
District Latur (MH) … Respondent

Advocate for Applicants : Mr. Shaikh Ashraf Patel
APP for Respondent/State: Mr. V.S. Badakh
Advocate Assist to PP : Mr. Maney V. M.

CORAM : MANGESH S. PATIL, J.

DATE : .03.03.2020
PER COURT :

This is an application under Section 439 of the Code of Criminal

Procedure after filing of the charge sheet in Crime No.65/2019 (Sessions

Case No.32/2019) registered with Kasar Shirsi Police Station, District Latur

for the offence punishable under Sections 302, 498A, 323, 504 read with

Section 34 of the Indian Penal Code.

2. The applicant no.1 is the husband and the applicant nos. 2 and

3 are the parents in law of the deceased. It is alleged that on 25.03.2019

1/4

::: Uploaded on – 05/03/2020 06/03/2020 00:45:11 :::

28.BA.1445.19.odt

applicant no. 1 started assaulting her under the influence of liquor. The

applicant nos. 2 and 3 exhorted him. They caught hold her and thereafter

the husband poured kerosene on her and set her on fire. She was shifted to

a hospital where her statement was recorded by a police constable on duty

which was subsequently treated as FIR and the crime was registered. On the

next day another statement of her was recorded by an Executive Magistrate.

She succumbed to the burn injuries on 15.04.2019. The applicants were

arrested. Investigation was carried out and in due course of time, the

charge sheet has been filed.

3. The learned advocate for the applicants submits that the

investigation is already over. The trial is not likely to get over soon. There

are inconsistent dying declarations and the applicants may be released on

bail subject to suitable conditions.

4. The learned APP duly assisted by the learned advocate for the

original informant opposes the application. He submits that there are

specific allegations attributing role to each of the applicants in the dying

declaration recorded by the Executive Magistrate. Even there is a statement

of a 9 year old son of the applicant no. 1 and the deceased recorded under

Section 164 of the Code of Criminal Procedure who has also specifically

narrated as to how the incident had occurred. The applicant nos. 2 and 3

caught hold his mother and the applicant no. 1 thereafter set his mother on

fire by pouring kerosene. The offence is punishable up to death. Releasing

the applicants is likely to prejudice the trial. The application may be

2/4

::: Uploaded on – 05/03/2020 06/03/2020 00:45:11 :::

28.BA.1445.19.odt

rejected.

5. After having heard both the sides when this Court expressed its

disinclination to grant bail to the applicant no.1 husband, the learned

advocate for the applicants, on instructions, seeks leave to withdraw the

application to his extent.

6. As far as the applicant nos. 2 and 3 are concerned, in the dying

declaration which has been treated as FIR the role attributed to the

applicant nos. 2 and 3 is about exhortation. It is only in the second dying

declaration recorded on the next date after the maternal aunt and parents of

the deceased had met her that she has come out with an improvised version

about the applicant nos. 2 and 3 having caught hold her and thereafter the

applicant no. 1 having poured kerosene and set her on fire. True it is that

the 9 year old son of the deceased has specifically stated about the

grandfather having caught hold the hands and the grandmother having

caught hold legs of his mother. However, his statement has been recorded

under Section 164 after about a month of the incident. Again, the papers in

the charge sheet reveal that there was a dispute between the couple i.e. the

applicant no.1 and the deceased for variety of reasons and it is being alleged

that the applicant nos. 2 and 3 only instigating him when he was ill treating

her. Even in the application preferred by her under the provisions of

Protection of Women from Domestic violence Act, she had not made specific

and precise allegations against the applicant nos. 2 and 3.

7. Considering all the aforementioned facts and circumstances,

3/4

::: Uploaded on – 05/03/2020 06/03/2020 00:45:11 :::

28.BA.1445.19.odt

when the trial is not likely to get over soon, the applicant nos. 2 and 3

deserves to be released on bail, more so, when the child is already in the

custody of his maternal aunt.

8. The application is partly allowed. The applicant nos. 2 and 3 be

released on bail on their executing personal recognizances for an amount of

Rs.25000/- each and furnishing a solvent surety in the like amount each

subject to following conditions:

a) They shall not try to contact the child or witnesses till

conclusion of the trial.

b) They shall not tamper the evidence or influence the witnesses.

9. The application to the extent of the applicant no. 1 is disposed of as

withdrawn.

10. Bail before the trial court.

(MANGESH S. PATIL, J.)

habeeb

4/4

::: Uploaded on – 05/03/2020 06/03/2020 00:45:11 :::

Leave a Reply

Your email address will not be published. Required fields are marked *


Not found ...? HOW TO WIN 498a, DV, DIVORCE; Search in Above link

All Law documents and Judgment copies
Laws and Bare Acts of India
Landmark SC/HC Judgements
Rules and Regulations of India.

STUDY REPORTS

Copyright © 2021 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation