The High Court rejected an anticipatory bail application for an accused charged with murder (setting a victim on fire). The court relied on consistent dying declarations and postmortem reports to conclude the case was strong.
The application for bail is rejected. The accused woman is not to be released.
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.
12 BA490 OF 2014
vks
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.490 OF 2014
Smt. Sangita Sidram Minagule .. Applicant. V/s. The State of Maharashtra .. Respondent.
Mr. Sachin Deokar, i/by Mr. V. V.Purwant, for the Applicant.
Mr. A. R. Joshi, APP for the respondent State.
CORAM : MRS. MRIDULA BHATKAR, J.
DATE : 19th August, 2014
P.C.
Application is moved for bail in an
offence punishable under Section 302, 504 read
with section 34 of the Indian Penal Code, registered with Sadar Bazar Police Station, Solapur under C.R.No.374 of 2013. The applicant accused is the mother-in-law of deceased Ashwini, who as per the case of the prosecution, on 20.11.2013 at around 6.30 p.m.
was cooking. She was held from behind by the applicant accused the mother-in-law, brother-
Page No.1 of 3
12 BA490 OF 2014
in-law Akash and the sister-in-law Pooja, and
poured kerosene on her person and set her on fire. She sustained 89% burn injuries and she took last breathe on 25.11.2013. 2. The learned counsel for the applicant
accused submits that the applicant is
prosecuted for the offence under Sections 302, 504 read with 34 of the Indian Penal Code in
C.R.No.374 of 2013 at Sadar Bazar Police
Station Solapur. The learned counsel further submits that the applicant is a woman and she is behind the bars since 21.11.2013. She is
innocent and she be released on pre-arrest bail.
application. He pointed out that the victim has suffered 89% burn injuries. He also submitted that two dying declarations of deceased Ashwini are recorded and both are consistent with each other.
Page No.2 of 3
12 BA490 OF 2014
Ashwini which was recorded at 8.00 p.m. on the day of incident. She has attributed a specific role to the mother-in-l-aw, the brother-in-law
and the sister-in-law. It discloses that the
mother-in-law and her two children caught her
and poured kerosene on her person and she was burnt. She was admitted in the hospital and
thereafter succumbed to th injures. The notes
of postmortem examination discloses that she
died due to burn injuries. The viscera is preserved and sent for Chemical Analyser for
analysis. In view of this evidence I am not inclined to grant bail. The application is rejected.
(MRS. MRIDULA BHATKAR, J.)
Page No.3 of 3
2 issues framed by the court
Whether bail should be granted to the applicant accused charged with pouring kerosene and setting the deceased on fire?
Whether the evidence, including consistent dying declarations and postmortem notes, warrants granting bail?
1 provisions across 1 enactments
Smt. Sangita Sidram Minagule
The State of Maharashtra
Mridula Bhatar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
