Dismissed

Bhujangrao Bhaurao Desai v. the State of Maharashtra

Bombay HC15 Sept 2014BA/1496/2014

Case brief

AI extract

What is this about?

In a bail application under sections 302 and 506 IPC, the applicant, aged 73, challenged his detention in a murder case. While noting parity with a released mother-in-law co-accused, the court distinguished the applicant's direct role in administering poison. Ultimately, the court addressed the safety of the child witness.

What the court decided

AI extract

Bhujangrao Bhaurao Desai Vs the State of… — Murder and Culpable Homicide | Bombay HC (2014)

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Sherla V.

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ba.1496.2014.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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BAIL APPLICATION NO.1496 OF 2014

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Shri Bhujangrao Bhaurao Desai ... Applicant Vs. The State of Maharashtra ... Respondent

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Mr.Manoj M. Kadam for the Applicant Ms.A.A. Mane, APP, for Respondent – State

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CORAM: MRS.MRIDULA BHATKAR, J.

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DATE: SEPTEMBER 15, 2014

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P.C.:

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This application is moved for bail as the applicant/accused is prosecuted for the offences punishable under sections 302, 506 r/w section 34 of the Indian Penal Code, in relation to C.R. No.97 of 2012 registered with Bhudargad police station, Kolhapur. The deceased was the daughter in law of the applicant/accused. The deceased woman had given information to the police. The deceased got married to the coaccused in the year 2000 and out of the wedlock, in 2003, a male child was born. The incident of murder has taken place on 2.11.2012 between 7am to 10am. It is the case of the prosecution that there was throughout torture and harassment at the hands of the applicant/accused and the coaccused. Thus the accused and the co-accused used to tell the deceased

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to bring money from her father. There were cases of maintainance and

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ba.1496.2014.doc

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cruelty under section 498A which were pending against the applicants/accused. Two months prior to the murder, the matters were compromised as the husband promised that he would look after her and was ready to settle the matter. Thereafter, she started residing with him. However, the applicants/accused tried to pressurise her and the applicant/accused and the mother-in-law held her and the husband and the co-accused forcibly administered poison to the deceased and locked her in the house. Thereafter, she was taken to the hospital, where she lost her life.

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The learned Counsel for the applicant/accused submitted that the applicant is an old person of 73 years of age and he is falsely implicated in the case. His wife, the mother-in-law of the deceased, who is attributed a similar role, has already been released on bail, and, therefore, on the ground of parity, the applicant/accused be released on bail.

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Learned Prosecutor has opposed the application. She relied on the statement of eye witnesses i.e., the son of the deceased. She also submitted that in the earlier cases of section 498A of the Indian Penal Code, wild and baseless charges were made against the deceased. If at all, the applicant is released on bail, then he is likely to pressurise the child.

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ba.1496.2014.doc

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On perusal of the record, especially the statements of the child witness, the role attributed to the applicant/accused is the same which is attributed to the co-accused mother-in-law, who is released on bail. However, at the time of releasing the mother-in-law on bail, this Court had in its order dated 19.12.2012, has considered that the said applicant is 65 years old old lady and therefore, she was released on bail. The present applicant, who is 73 years old, has played a direct role in holding the deceased to enable the co-accused to administer poison to her. The apprehension of the learned Prosecutor i.e., he is likely to pressurise the child witness is also not unfounded.

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In view of the above, the application is rejected.

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(MRS.MRIDULA BHATKAR, J.)

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Bhujangrao Bhaurao Desai v. the State of Maharashtra

Case brief

What is this about?

What the court decided

Bhujangrao Bhaurao Desai v. the State of Maharashtra

Case brief

What is this about?

What the court decided

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