Allowed

Varsha Suresh Kamane @ Mahek Arman Shaikh v. State of Maharashtra

Bombay HC2 Jan 2024BA/1691/2023

Case brief

AI extract

What is this about?

High Court of Bombay granted regular bail to the applicant in a murder case under IPC Section 302, directing furnishing of a bond with sureties and adherence to specific conditions including attendance at trial and no tampering with evidence.

What did the court decide?

Released on bail in connection with C.R. No. 591 of 2022 on furnishing PR Bond of Rs. 25,000 with one or two sureties in like amount.

Varsha Suresh Kamane @ Mahek Arman Shaikh Vs… — Murder and Culpable Homicide | Bombay HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL BAIL APPLICATION NO.1691 OF 2023

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Varsha Suresh Kamane alias Mahek Arman Shaikh...Applicant
 Versus
The State of Maharashtra ...Respondent

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Ms. Shubhangi Parulekar, for the Applicant.

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Ms. Veera Shinde, APP, for the Respondent-State.

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API C.C. Thorbole, Hadapsar Police Station, Pune City present.

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CORAM : MADHAV J. JAMDAR, J. DATED : 2^nd JANUARY 2024

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P.C.:

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1.Heard Ms. Parulekar, learned Counsel appearing for the
Applicant and Ms. Shinde, learned APP appearing for the
Respondent-State.

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2.The Applicant has filed the Criminal Bail Application for
regular bail under Section 439 of the Code of Criminal Procedure,
1973. The relevant details are as under:-

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`1 C. R. No.`	`591 of 2022`
`2 Date of F.I.R.`	`25`^th`May 2022`

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`3 Police Station`	`Hadapsar, Pune`
`4 Sections under which` `F.I.R. has been lodged`	`302, 143, 145, 147, 148 and 149 of` `IPC`
`5 Date of Incident`	`25`^th`May 2022`
`6 Date of Arrest`	`26`^th`May 2022`
`7 Date of filing of` `Chargesheet`	`Chargesheet filed.`
`8 Status of Trial`	`Not commenced.`
`9 Previous` `Criminal` `Antecedents`	`No.`

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3. As per the prosecution’s case, the husband of the Applicant was suspecting that the Applicant was having relationship outside marriage with the deceased and therefore, husband of the Applicant has committed murder of the deceased. There are total four accused. The Accused No.2- Bhaiya alias Pradeep Ankush Chavan has been released on bail by Order dated 3^rd February 2023 passed by a learned Single Judge in Criminal Bail Application No.3695 of 2023.

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4. It is the contention of Ms. Shinde, learned APP appearing for the Respondent/State that it was the Applicant who had in fact called the deceased to the spot of the incident.

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5. Learned Counsel appearing for the Applicant has pointed out

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the statement of witness-Angad Dattatray Shinde and submitted that

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the Applicant was only present at the spot of the incident and has not
participated in the actual assault on the deceased. It is submitted that
in fact, the deceased was called by the Applicant to settle the dispute
between the Applicant’s husband and the deceased.

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6.The Applicant was arrested on 26th May 2022. The Applicant is
incarcerated for last about 18 months. One co-accused is already
enlarged on bail by Order dated 3rd February 2023. The investigation
is completed and chargesheet is filed. There are no criminal
antecedents reported against the Applicant. The Applicant does not
appear to be a flight risk and can be enlarged on bail by imposing
conditions. Hence, the following order:-

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O R D E R

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(a) The Application is allowed.

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(b)The Applicant-Varsha Suresh Kamane alias Mahek Arman
Shaikh be released on bail in connection with C.R. No.591 of 2022
registered with Hadapsar Police Station, Pune on her furnishing P. R.
Bond of Rs.25,000/- with one or two sureties in the like amount.

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(c)On being released on bail, the Applicant shall furnish her
contact number and residential address to the Investigating Officer
and shall keep him updated, in case there is any change.

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(d)The Applicant shall not directly or indirectly make any
inducement, threat or promise to any person acquainted with the
facts of the case so as to dissuade him/her from disclosing the facts to
Court or any Police Officer. The Applicant shall not tamper with
evidence.

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(e)The Applicant shall attend the trial regularly. The Applicant
shall co-operate with the trial Court and shall not seek unnecessary
adjournments.

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 [MADHAV J. JAMDAR, J.]

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Varsha Suresh Kamane @ Mahek Arman Shaikh v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

Varsha Suresh Kamane @ Mahek Arman Shaikh v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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