Allowed

Kusumbai Nimba Ahire v. the State of Maharashtra

Bombay HC3 Feb 2012APPLN/187/2012

Case brief

AI extract

What is this about?

This court allowed a bail application filed by Kusumbai w/o Nimba Ahire. The court observed that the case, involving offences under sections 302, 304-B, 498-A IPC and section 4 Dowry Prohibition Act, lacks direct evidence of dowry-related ill-treatment or murder. It held the case relies on circumstantial evidence and statutory presumption under section 113-A Evidence Act, requiring only probable g

What did the court decide?

Criminal Application allowed; applicant released on bail subject to a personal and surety bond of Rs. 25,000/-.

Kusumbai Nimba Ahire Vs the State of Maharashtra — Dowry and Cruelty | Bombay HC (2012)

¶1

crap187.12

¶2

¶3

 FARAD CONTINUATION SHEET NO.

¶4

 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 APPELLATE SIDE, BENCH AT AURANGABAD

¶5

CRIMINAL APPLICATION NO. 187 OF 2012 [Kusumbai w/o Nimba Ahire vs The State of Maharashtra]

¶6

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

¶7

Shri R.S.Shinde, advocate h/f

¶8

Shri N.L.Choudhari, advocate for the applicant

¶9

Shri D.R.Kale,A.P.P. for respondent

¶10

CORAM : A.H.JOSHI, J.

¶11

DATED : 03.02.2012.

¶12

PER COURT:-

¶13

Heard.

¶14

Perused the charge sheet.

¶15

The accused is chargesheeted for the offences under Sections 302, 304-B, 498-A of the Indian Penal Code and under Section 4 of the Dowry Prohibition Act.

¶16

On what is seen from charge sheet, present case is of no direct evidence of illtreatment over dowry related demand and illtreatment as well its extent.

¶17

crap187.12

¶18

¶19

The evidence about murder too is absent. Case is based on circumstantial evidence and statutory presumption under Section 113-A of the Evidence Act.

¶20

Considering that it is a case based on presumption, the burden of rebuttal on the accused is not of the degree which the prosecution shoulders. The accused has to simply prove probability and not it being the fact.

¶21

In this situation it would be difficult at this stage to hold that the accused is guilty, and the probability of her not being guilty is much stronger.

¶22

In these premises applicant is entitled to be released on bail.

¶23

Application is allowed in terms of prayer (B). The amount of personal bond and surety bond should be Rs.25,000/-.

¶24

dbm/crap187.12

¶25

(A.H.JOSHI, J.)

Kusumbai Nimba Ahire v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Kusumbai Nimba Ahire v. the State 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

Similar cases

Dnyanoba Narayanrao Sanap Vs Marutirao Narayanrao Sanap and Ors.

Dashrath Motilal Parihar @ Lodhi and Ors. Vs the State of Maharashtra and Anr.

Pankat @ Pappu Ashok Patil and Anr. Vs the State of Mah

Shivaji Gunwant Birajdar Vs the State of Maharashtra

Rambhau Genaba Thorat Vs the State of Maharashtra

Bijaykumar Santan Das Vs the State of Maharashtra