In a bail application, the High Court observed that no incriminating material exists against the applicant who lodged the FIR for her husband's murder and granted bail.
Applicant is directed to be released on bail on furnishing Rs. 30,000/- bond with one or two sureties in the like amount.
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.
20-BA-328-2021.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 328 OF 2021
Ursula Yeshu Dhas .... Applicant Versus The State of Maharashtra .... Respondent
Mr. Aniket Vagal, for the applicant. Smt. A.A. Takalkar APP for the State/Respondent.
CORAM:SARANG V. KOTWAL, J. DATE : 3rd MARCH, 2021
P.C. :
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material in the entire charge-sheet.
6. Learned APP opposed this application. She
relied on the statement of Yogesh Kalbhor and Sanjay Koli who were owner and waiter of the Swapna Upahar hotel where the applicant and co-accused Bhaurao Are used to visit regularly for having snacks. She also relied on the statement of the owner of the room where murder was committed. Owner Mehboobi Shaikh has stated that the applicant had paid rent and advance amount and permitted her husband to reside in that room. Learned APP submitted that the applicant had thus arranged for stay of husband in that particular place to commit murder.
entire charge-sheet there is hardly any incriminating circumstances against the present applicant. The motive attributed to the present applicant is not supported by the statement of any of the witnesses. Thus there is no y.s.patil 4 of 6
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material to show about existence of motive.
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to be released on bail.
10. Hence the following order.
O R D E R
(i) In connection with C.R. No.957 of 2019 registered with Nigadi Police Station, Pune, the Applicant is directed to be released on bail on her furnishing PR bond in the sum of Rs.30,000/- (Rupees Thirty Thousand Only) with one or two sureties in the like amount.
(ii) Application stands disposed of accordingly.
(SARANG V. KOTWAL, J.)
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1 issue framed by the court
Whether the applicant deserves release on bail in a murder case where the FIR was lodged by her and no incriminating material is found against her.
Ursula Yeshu Dhas
The State of Maharashtra
Sarang V. Kotwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
