The court considered a bail application by an applicant accused of murdering his wife under sections 302 and 201 IPC. The court rejected the bail application citing strong circumstances including last seen together, an extra-judicial confession, and recovery of a weapon.
Bail application rejected, applicant 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.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.869 OF 2019
Rajkumar Ramsingar Kushwaha .... Applicant versus The State of Maharashtra .... Respondent …....
CORAM : SARANG V. KOTWAL, J. DATE : 11th JUNE, 2019
P.C. :
connection with C.R.No.998/18 registered with Yawat Police
Station, Pune, under sections 302, 201 of the Indian Penal Code.
Chormale. He was the owner of a house where the Applicant was residing with his deceased wife Soni. The first informant
Nesarikar
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has mentioned in his FIR that on 08/10/2018 at about 08.00 p.m. the present Applicant and his wife were seen walking together towards Chowk. At 10.30 p.m. when the first informant looked at their door, it was closed. On the next day when he came back after his business at around 02.00 p.m. Police Patil Mr.Avinash Ankush Shendage was waiting for him. He showed a photograph of Soni to the first informant. Soni was found in a well with injuries. At about 02.30 p.m. the Applicant had called the first informant and had told him to give phone to Soni. At that time, the first informant reminded him that since the Applicant himself had left with Soni, he himself would be in a position to tell regarding her whereabouts. On further enquiry, the Applicant told the first informant that he was at Shirur and he further told the informant to search for Soni in the well. On this, the first informant told the Applicant that Soni was admitted in a hospital. The Applicant then asked the first informant as to whether Soni was still alive. The Applicant added that, she did not deserve to live and if she was alive she should be given the phone. From this conversation, the first
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informant came to know that the Applicant himself has committed the murder of his wife Soni. Based on this he has filed the FIR.
the present Applicant;
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(iii) Recovery of knife at his instance.
against the present Applicant and each of them is sufficient to prove the guilt against the present Applicant during trial. In this view of the matter, I am not inclined to grant bail to the Applicant. The application is therefore rejected.
(SARANG V. KOTWAL, J.)
2 issues framed by the court
Whether bail should be granted to the applicant charged with offences under sections 302 and 201 of the Indian Penal Code.
Whether strong circumstances such as last seen together, extra-judicial confession, and recovery of weapon preclude bail.
Rajkumar Ramsingar Kushwaha
The State of Maharashtra
SARANG V. KOTWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
