Dismissed

Jajabai Abhimanyu Bhange v. the State of Maharashtra

Bombay HC12 Aug 2014ABA/1007/2014

Case brief

AI extract

What is this about?

Single judge rejected anticipatory bail in a murder and dowry death case. The court held that prima facie evidence existed against the applicant and pre-arrest bail was not inclined to be granted despite the applicant not being mentioned in the chargesheet yet.

What did the court decide?

Anticipatory Bail Application rejected as pre-arrest bail is not inclined to be granted due to prima facie evidence.

Jajabai Abhimanyu Bhange Vs the State of Maharashtra — Dowry and Cruelty | Bombay HC (2014)

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Sherla V.

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aba.1007.2014.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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ANTICIPATORY BAIL APPLICATION NO.1007 OF 2014

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Janabai Abhimanyu Bhange

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... Applicant

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Vs.

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The State of Maharashtra ... Respondent

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Mr.S.T. Bhosale i/b J.D. Mane for the Applicant Ms.Alpa Javeri, APP, for Respondent – State

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CORAM: MRS.MRIDULA BHATKAR, J.

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DATE: AUGUST 12, 2014

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P.C.:

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The application is moved for anticipatory bail as the applicant/accused is prosecuted for the offences punishable under sections 302, 498A, 307 r/w section 34 of the Indian Penal Code. The deceased, who was the daughter in law of the applicant/accused, who died on 3.4.2014 as she was put on fire by her husband and her motherin-law, who is the applicant/accused. It is the case of the prosecution that the deceased was harassed by the principal accused, the husband, and the applicant/accused for money after her marriage. She was ill treated. On 3.4.2014 in the morning at 6am, they demanded money from her and then they closed the doors. Then, the mother-in-law i.e., the applicant/accused brought a can of kerosene, poured on her and the husband set her on fire. Therefore, the complaint against the husband

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aba.1007.2014.doc

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and the applicant was lodged.

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The learned Counsel for the applicant/accused submitted that a copy of the chargesheet is annexed and the present applicant's name is not mentioned in the chargesheet. He submitted that the applicant is innocent and be released on pre-arrest bail.

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Learned Prosecutor submitted that the chargesheet is filed against the husband not against the applicant as she is shown absconding. She submitted that the lady died on the same day. She suffered 70% burn injuries.

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On perusal of the statement of the deceased and the FIR as it is an offence under section 302 of the Indian Penal Code and also section 307 of the Indian Penal Code and prima facie, there is evidence against the applicant/accused, I am not inclined to grant pre-arrest bail. Hence, the Anticipatory Bail Application is rejected.

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(MRS.MRIDULA BHATKAR, J.)

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Jajabai Abhimanyu Bhange v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Jajabai Abhimanyu Bhange v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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