In a criminal application concerning murder of an infant, the High Court allowed bail to the applicant. The court granted release due to lack of direct material and inconclusive DNA evidence linking her to the offence.
The applicant was released on bail in the sum of Rs. 5,000/- with one or two sureties in like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 4718 OF 2009
Miss Shobha Sukhdev Sabale...Applicant
vs.
The State of Maharashtra...Respondent
Mr.Jeevan D. Sawant for the Applicant.
Mr.H.J. Dedhia, APP for the State.
CORAM : V.M. KANADE, J.
DATED : DECEMBER 7, 2009
P.C. :-
1Heard Counsel for the applicant and APP for
the State.
2The applicant has been arrested in
connection with an offence punishable under Section
318 of the IPC registered with Tardeo Police Station
vide C.R.No.89/2009.
3A dead body of two day old child was found
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in a plastic drum filled with half water. A
complaint was registered and the applicant came to
be arrested. According to the prosecution, the
applicant was pregnant. The statements of the
neighbours have been recorded. The prosecution case
is, therefore, that the applicant was responsible
for the murder of the said child.
4There is no direct material on record to
indicate that the applicant committed the said
offence. The DNA report is inconclusive and does not
disclose that she murdered the child. This being
the position, in my view, the applicant deserves to
be released on bail.
5 It is submitted that the applicant does
not have a fixed place of residence in Mumbai since
the room in which she was residing in is now given
to some other person by the landlord. It is
submitted by the Counsel for the applicant that the
grand-mother of the applicant is a hawker in the
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Tulsiwadi area of Tardeo.
6The applicant, therefore, be released on
bail in the sum of Rs.5000/- with one or two
sureties in the like amount. The applicant shall
report to the concerned police station once in a
month.
7The application is disposed of.
1 issue framed by the court
Whether the applicant should be granted bail in view of inconclusive DNA evidence regarding the murder of a child.
1 provisions across 1 enactments
Miss Shobha Sukhdev Sabale
The State of Maharashtra
V.M. Kanade
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court