Dismissed

Julekhabee W/O Sheikh Rashi v. State of Maharashtra through Pso Patrod Tq Achalpur Distt Amravati

Bombay HC30 Aug 2012ABA/263/2012

Case brief

AI extract

What is this about?

High Court (Nagpur Bench) rejected an anticipatory bail application by an elderly woman charged with abetting the burning of a child who died. The court held that the gravity of the offence involving loss of life precluded pre-arrest bail despite the applicant's age and limited direct evidence in the dying declaration.

What did the court decide?

Application for anticipatory bail rejected and the matter disposed of.

Julekhabee W/O Sheikh Rashi Vs State of Maharashtra through… — Narcotics (NDPS) | Bombay HC (2012)

¶1

3008aba263.12.odt

¶2

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR

¶4

CRIMINAL APPLICATION (ABA) NO.263/2012

¶5

Julekhabee w/o Sheikh Rashid ...Versus...

¶6

State of Maharashtra Through P.S.O. Patrod, Taq. Achalpur, Distt. Amravati

¶7

- - - - ------------- - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders

¶8

¶9

Ms Sandhya N. Maniyar, Adv. for applicant
Shri P.V. Bhoyar, APP for respondent

¶10

CORAM : A.R. JOSHI, J.
 DATE : 30.08.2012

¶11

1.Heard rival submissions at length on

¶12

anticipatory bail application, preferred by the
applicant.

¶13

2.The applicant apprehends her arrest in

¶14

the matter of offences punishable under Sections
307, 294 r/w 34 of Indian Penal Code on flimsy

¶15

ground of removing the broken branch of some tree

¶16

and altercation started near the house of the

¶17

complainant-woman. That time, the complainant and

¶18

her 20 years old daughter Manju were at home and

¶19

were discussing regarding such incident of

¶20

removing the branch. That time, one co-accused,
husband of the present applicant came there and

¶21

3008aba263.12.odt

¶22

¶23

abused the complainant and her daughter in filthy
language. Thereafter, there were still more abuses
and the situation became worsen, when the
applicant, her husband and her son started chasing
the said minor girl and her mother, first
informant. Girl went to her house but she was
followed by the applicant and other co-accused.
Mother, first informant ran to other side and
after sometime noticed that her daughter was in
burning condition in her house. It was found out
that kerosene was poured on the person of the girl
and she was set on fire by the applicant and her
two other relatives by entering the house of the
complainant.

¶24

3.During the arguments, it is submitted on
behalf of the applicant that she is old woman,
aged about 56 years and is a patient of
hypertension. From the record, it appears that the
said girl after found burning in her house was
helped by other neighbours and was taken for
medical treatment to the hospital. However, she
succumbed within three hours but prior to that,
her statement was recorded by the Magistrate. In
the said dying declaration she had specifically
mentioned that the co-accused one Rashid and his
family members set her on fire by pouring kerosene
and they assaulted her mother. During the
arguments, it is submitted on behalf of the

¶25

3008aba263.12.odt

¶26

¶27

applicant that there is no specific role assigned
to the present applicant as to entering the house
of the complainant and pouring kerosene on the
victim. It is further mentioned that even in the
dying declaration, the name of the applicant is
not specifically mentioned.

¶28

4.Considering the contents of the dying
declaration in totality and considering the
contents of the FIR, which was lodged on the next
day, and considering the victim girl succumbed to
the burn injuries in her house, it is not in the
fitness of the situation to grant pre-arrest bail
in favour of the present applicant and as such the
present application for grant of anticipatory bail
is rejected and accordingly disposed of.

¶29

JUDGE

¶30

ssw

Julekhabee W/O Sheikh Rashi v. State of Maharashtra through Pso Patrod Tq Achalpur Distt Amravati

Case brief

What is this about?

What did the court decide?

Julekhabee W/O Sheikh Rashi v. State of Maharashtra through Pso Patrod Tq Achalpur Distt Amravati

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

Similar cases

State of Maharashtra, Thr. P.I. Vs Chhutulal @ Dharmu S/O Nakhu Pache

Pradip Nanduji Patre Vs the State of Maharashtra through Ps Keshori

Sau Khelan W/O Rajkumar Gabhne Vs Suraj S/O Prakash Rangari

The Bureau of Indian Standars the Govt of Indian Organization through Its Director Shri K Raja Vs M/S Jailaxmi Agro Industries Nagpur and Others

Chunnilal Murlidhar Achyut Vs State of Maharashtra through Pso Sonegaon Nagpur City Nagpur

Ramdas S/O Vitthal Shirnath Vs the State of Maharashtra through Pso Mahagaon, Tah Mahagaon Distt Yavatmal