The High Court of Judicature at Bombay rejected the bail application of Jaya Waghire, accused of murdering her husband under section 302 IPC, citing prima facie evidence including blood-stained clothes and an extra-judicial confession.
Bail application rejected; accused remains in custody.
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.
Sherla V.
ba.173.2017_17.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.173 OF 2017
Smt.Jaya Ganesh Waghire ... Applicant
Vs.
The State of Maharashtra … Respondent
Mr.V.R. Garad for the Applicant Mrs.Rutuja Ambekar, A.P.P., for Respondent – State
CORAM: Mrs.MRIDULA BHATKAR, J.
DATED: FEBRUARY 15, 2017
P.C. :
she got enraged. Thereafter, when her husband slept in the
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ba.173.2017_17.doc
courtyard of the house, the applicant/accused assaulted him with a grinding stone on his head twice. The deceased died on the spot and thereafter, she called her relatives and informed that some unknown persons have committed murder of her husband. She expressed suspicion against one Naushad Hamid Mulani and Naga alias Nagesh Shivappa Bhatugande and therefore, section 34 of the Indian Penal Code was mentioned. However, thereafter, the police found that she was the perpetrator of the crime and then, she was arrested on 4.4.2016 and hence, this Bail Application.
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blood stained clothes of the applicant/accused and the blood stained grinding stone were recovered by the police. She further relied on the statement of her son and her daughter-in-law to whom she has given extra-judicial confession of killing her husband.
(MRIDULA BHATKAR, J.)
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1 issue framed by the court
Whether bail can be granted to the accused charged with murder under section 302 IPC.
Jaya Ganesh Waghire
The State of Maharashtra
MRIDULA BHATKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
