Allowed

Bhamabai Dnyandeo Gavade v. the State of Maharashtra

Bombay HC19 Aug 2014BA/1267/2014

Case brief

AI extract

What is this about?

Single judge allowed bail to a female applicant accused of murder and assault. The court granted bail noting she held no weapon, had filed an FIR against complainants, and had been in custody since late December 2013.

What did the court decide?

Released on bail by furnishing PR bond of Rs.30,000 with sureties and undertaking not to tamper with evidence or pressure witnesses.

Bhamabai Dnyandeo Gavade Vs the State of… — Murder and Culpable Homicide | Bombay HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1267 OF 2014

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Smt. Bhamabai Dnyandeo Gavade.. Applicant. V/s.

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The State of Maharashtra .. Respondent.

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Mr. Dilip Bodake, for the Applicant. Smt. A.A. Mane, APP for the respondent State.

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CORAM : MRS. MRIDULA BHATKAR, J. DATE : 19^th August, 2014

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P.C.

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This application is moved for bail as

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the applicant accused Bhamabai Dnyandeo Gavade

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is prosecuted for the offence punishable under

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Sections 302, 324, 323, 504, 506 read with 34 of the Indian Penal Code, registered with

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Karad Police Station, District Satara, under

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C.R.No.218 of 2013. It is the case of the prosecution that the family of the applicant accused and the family of complainant had disputes in respect of some premises and sugarcane juice shop. On 16.10.2013, the

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Page No.1 of 4

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28 BA 1267 OF 2014

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deceased Anil Nivrutti Shinde and Sunil Shinde

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were repairing barbed wire fencing. At that

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time the applicant accused alongwith other

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three accused abused the complainant and deceased Anil. It is the case of the

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prosecution that one of them Dnyandeo Krishna Gawade held deceased Anil from backside and Sambhaji Gawade assaulted him with axe. Bhamabai the present applicant held Sagar Shinde from backside and Dattatray assaulted him with stick. Sagar got injured and Anil died when he was treated in the hospital.

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The applicants are facing trial before the learned Sessions Judge, Karad.

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The learned counsel for the applicant

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submitted that the applicant accused is a female. She has given F.I.R. No.222 of 2013, against the complainant and his family members

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for the offences punishable under Sections 324, 323, 504, 506, read with 34 of the Indian Penal Code. He submitted that the applicant

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Page No.2 of 4

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accused No.2 was injured in the scuffle

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which took place in the field. He submitted

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that the applicant accused is innocent and considering the role attributed to her, she be released on bail. He submitted that the

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applicant was admitted in the hospital after assault.

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The learned APP on instructions from

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Investigating Officer the submits that the

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charge is framed and the matter is ready for

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hearing as the witness summonses are issued to

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all the witnesses. A specific role is

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attributed to the present applicant accused and her presence is also seen at the time of

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incident. She submits that the application be rejected.

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Perused the F.I.R. and perused the

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statements of witnesses. The applicant accused

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was not holding any weapon at the relevant

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time and she was also assaulted by members of the opposite group. She is a woman and she is

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Page No.3 of 4

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28 BA 1267 OF 2014

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inside since 27.12.2013. In view of this, I allow the application on following

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conditions :-

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Order

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I) The applicant arrested in above C.R. be released on bail on her furnishing P.R. bond in the sum of Rs.30,000/- with one or two sureties in the sum aggregating to Rs.30,000/-.

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II) The applicant shall not tamper with the evidence and shall not pressurize the prosecution witnesses in any manner. III)The applicant shall not commit any offence

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IV) The applicant shall attend the trial scrupulously.

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(MRS. MRIDULA BHATKAR, J.)

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Page No.4 of 4

Bhamabai Dnyandeo Gavade v. the State of Maharashtra

Case brief

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Bhamabai Dnyandeo Gavade v. the State of Maharashtra

Case brief

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