High Court granted bail to the applicant resident mother accused of murdering her sister-in-law by arson under Section 302 IPC, relying on the maternal bond and custody of an infant child despite the severity of the charges.
Application allowed; bail granted on furnishing surety bond of Rs.30,000 with one or two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
911 BA 1513 OF 2014
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1513 OF 2014
Reshma Saddam Shaikh .. Applicant. V/s. The State of Maharashtra .. Respondent.
Mr. V. V. Purwant, for the Applicant. Ms. Rutuja Ambekar, APP for the respondent State.
CORAM : MRS. MRIDULA BHATKAR, J.
DATE : 25th September, 2014
P.C.
The applicant accused seeking bail is
arrested in connection with offfence under
Section 302 read with Section 34 of the Indian
Penal Code registered at Sadar Bazar Police
Station, Solapur, under C.R. NO.96 of 2014.
One Nikat Anwar Shaikh, who is the sister-in-
law of the applicant accused is burnt by the applicant accused and her husband and her
other sister-in-law, on petty issue of the
quarrels of the children. Nikat has given her
Page No.1 of 4
dying declaration that her brother-in-law poured kerosene on her and at that time the applicant accused ignited match stick and set her on fire and the sister-in-law Gulanas poured more kerosene on her body and the other brother-in-law Waseem held her hands and she was set on hire. Nikat succumbed to the injured on the same day. However, before that she gave dying declaration.
Page No.2 of 4
911 BA 1513 OF 2014
counsel submitted that her husband Saddam is also in jail. There is nobody to look after the said who is staying in the prison with the mother.
application and she submits that there is enough evidence against the applicant accused.
It is true that the role of the applicant accused is evident and there is evidence against her to show that she has ignited the matchstick and put the deceased on fire. However, in view of the provisions of Section 437(2) of the Code, she being lady and moreover, only point for my consideration is that she is the mother of one year old baby girl who is also residing in the prison. The father is also arrested and is in the prison. In view of the general development of the child and as there is nobody to look after the child as father is also in the prison, I grant this application on the following terms :-
Page No.3 of 4
911 BA 1513 OF 2014
Order
I) The applicant accused arrested in connection with above Crime, she 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/-
II) The applicant shall attend the trial scrupulously.
III)The applicants shall not tamper with the prosecution evidence.
(MRS. MRIDULA BHATKAR, J.)
Page No.4 of 4
2 issues framed by the court
Whether bail should be granted to a pregnant mother accused of murder under Section 302 IPC when her father is also in custody and there is no one to care for her infant.
Whether the severe nature of the charge under Section 302 IPC precludes bail when the death resulted from arson by the accused.
2 provisions across 2 enactments
Reshma Saddam Shaikh
The State of Maharashtra
Mridula Bhatar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
