Allowed

Shalan Prakash Jadhav v. the State of Maharashtra

Bombay HC20 Dec 2022BA/2875/2022

Case brief

AI extract

What is this about?

The High Court granted bail to the applicant charged with murder of her husband under Section 302 IPC, after finding the post-mortem report's ligature mark pattern prima facie indicated a suicidal death. Bail approved on P.R. Bond of Rs. 15,000 with one surety.

What did the court decide?

Application allowed; Applicant released on bail by furnishing P.R. Bond of Rs. 15,000 with one surety in like amount.

Shalan Prakash Jadhav Vs the State of Maharashtra — Murder and Culpable Homicide | Bombay HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL BAIL APPLICATION NO. 2875 OF 2022

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… Shalan Prakash Jadhav Applicant

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Versus The State of Maharashtra … Respondent

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Mr. Sachin Deokar for the Applicant. Mr. Amit Palkar, APP for the State. PSI A.D. Thorat, Bharati Vidyapeeth Police Station, Pune City, present.

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CORAM : N.R. BORKAR, J.

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DATED : 20 DECEMBER 2022

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P.C. :-

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. This is an application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail.

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The applicant came to be arrested in Crime No.212 of 2022 registered at Bharati Vidyapeeth Police Station, Pune for the offences punishable under Section 302, 201 r/w. 34 of Indian Penal Code.

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The deceased was the husband of the present applicant. According to the prosecution, the deceased used to suspect the character of the present applicant. It is alleged that the present applicant alongwith her minor son thus committed the murder of the deceased.

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Kanchan P Dhuri

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I have heard the learned Counsel for the applicant and the learned APP for the State.

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As the allegations against the present applicant and her minor son are that they first killed the deceased and then hanged him in the public temple located in their neighborhood, I have perused the post mortem report. During post mortem following external injury was found on the person of the deceased:

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17	Surface wounds and injuries – Their nature position, dimensions (measured) and directions to be accurately stated – their probable age and causes to be noted. If bruises be present, what is the condition of the subcutaneous tissues ? N.B. (When injuries are numerous and cannot be mentioned within the space available they should be mentioned on a separate paper which should be singed).	1] Ligature mark present over neck, placed below the level of thyroid cartilage, running oblique upwards and backwards towards both mastoids, incompletely encircling the neck, of length 30 cm, absent over the nape of neck for a length of 10 cm, with maximum width of 02 cm over left lateral aspect of neck and minimum width of 0.5 cm over right lateral aspect of neck, with evidence of heaped epithelium over anterior aspect of neck, situated 04 cm below right mastoid tip, 04 cm below right angle of mandible, 08 cm below chin in midline, 09 cm above supra-sternal notch in midline, 3.5 cm below left angle of mandible and 02 cm below left mastoid tip. Skin over ligature mark is dark brown, hard and parchmentized.

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Considering the pattern of ligature mark, prima facie, the case appears to be of suicidal death. I am, therefore, inclined to release the applicant on bail. Hence, the following order is passed : (i) Application is allowed.

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Kanchan P Dhuri

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(ii) The applicant - Shalan Prakash Jadhav be released on bail in Crime No.212 of 2022 registered at Bharati Vidyapeeth Police Station, Pune for the offences punishable under Section 302, 201 r/w. 34 of Indian Penal Code on furnishing P.R. Bond in the sum of Rs.15,000/- with one surety in the like amount.

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( N.R. BORKAR, J. )

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Digitally signed by KANCHAN KANCHAN PRASHANT PRASHANT DHURI DHURI Date: 2023.01.11 15:24:24 +0530

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Kanchan P Dhuri

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Shalan Prakash Jadhav v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Shalan Prakash Jadhav v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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