Allowed

Deepy Mahindrasing Dogra v. Thestate of Maharashtra

Bombay HC25 Aug 2009APPLN/2716/2009

Case brief

AI extract

What is this about?

Criminal court granted bail to an applicant accused of murder under Section 302 IPC, noting no other family member was available to care for her 14-year-old child. The court directed release via personal bond.

What did the court decide?

Released on personal bond of Rs.25,000 with one or two sureties in like amount; instructed to attend police station weekly on Saturdays.

Deepy Mahindrasing Dogra Vs Thestate of Maharashtra — Bail and Remand | Bombay HC (2009)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL APPLICATION NO.2716/2009

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Deepy Mahindrasing Dogra.

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..Applicant

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-VERSUS-

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The State of Maharashtra.

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..Respondent

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Mr.Sandeep R. Karnik, Advocate i/b Mr.B.G.Himpalnare, for the Applicant.

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Mr.H.J.Dedhia, A.P.P., for the Respondent/State.

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CORAM: A.P.DESHPANDE, J.

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Dated 25^th August, 2009.

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PC:-

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1 By the present application, the Applicant who is woman is seeking bail in Crime No.105/2009 registered at Wanawadi Police Station, Pune for the offence punishable under Section 302 of the Indian Penal Code.

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2 According to the prosecution, the son of deceased was having love affair with the present Applicant. The Applicant’s husband expired on 19.03.2009 and thereafter, the Applicant moved to the residence of deceased and was staying along with the deceased. It is the case of prosecution that the present Applicant on account of her relations with the son of deceased opposed the performance of his proposed marriage. The deceased is stated to be in favour of the marriage of her son Robin. According to the

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prosecution, the motive for the Applicant to commit the murder of deceased was that the deceased was encouraging her son to perform the marriage. It so happened that the son of deceased performed the marriage and on the same day the deceased expired i.e. on 15.04.2009.

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3 There is no eyewitness. There are two circumstances which are relied upon by the prosecution to connect the Applicant with the crime namely (1) the deceased and the Applicant were residing in the same premises and (2) the cause of death is strangulation. There are no other circumstances which connect the Applicant with the crime. The investigation is over and the charge sheet has been filed. The Applicant is in custody from 17.04.2009. The Applicant is aged about 45 years and has to look after her child aged about 14 years.

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4 According to the learned counsel for the Applicant, there is no one else in the family of Applicant to look after the child. The husband of Applicant was in military service and has expired in March, 2009. Presently, the child is stated to be staying along with some acquaintance.

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5 It is ascertained from the I.O. that the Applicant is having immovable property at Pune. The Investigating Officer has inquired in that regard and it is informed to the Court that the Applicant is owner of the property situated at Pune. The child is also admitted in school at Pune.

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6 Having regard to the fact that there is no one to look after the minor child coupled with the fact that the Applicant is woman and having regard to the facts and circumstances on record I

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deem it appropriate to release the Applicant on bail. 7 The learned APP submits that in the event if the Applicant is released on bail, her presence be secured. 8 In the result, I direct that the Applicant be released on bail on executing a personal bond in a sum of Rs.25,000/- with one or two sureties in the like amount. The Applicant shall attend the Wanawadi Police Station, Pune once a week in between 11:00 am to 01:00 pm on every Saturday till the conclusion of trial. 9 The Application is allowed and disposed of accordingly.

Deepy Mahindrasing Dogra v. Thestate of Maharashtra

Case brief

What is this about?

What did the court decide?

Deepy Mahindrasing Dogra v. Thestate of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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