DEEPALI PRAKASH TIRLOTKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant is seeking bail in C.R. No. 233 of 2019 registered with Santacruz Police Station, Mumbai for offences punishable under Sections, 302, 182, 201 r/w Section 34 of Indian Penal Code (for short " IPC "). The applicant was arrested on 22 nd May, 2019.

(2.) The case of the prosecution is that on 22 nd May, 2019 dead body of the deceased who was brother of applicant was found in gunny bag. It was identified by the applicant. First Information Report (for short "FIR") was registered. During investigation, it was revealed that the deceased was drug addict. He was harassing his family members. He was cause of nuisance to the family members. On 22nd May, 2019 he returned home in intoxicated condition. He was assaulted by applicant and others. The father of the applicant strangulated the deceased. Applicant had assaulted him by using kitchen appliance (Tawa). Cause of death mentioned in post-mortem report is asphyxia due to strangulation.

(3.) Learned advocate for the applicant submitted that there is no evidence to show that, who has killed the deceased. The cause of death is strangulation which is not attributed to the applicant. The prosecution is relying upon the statement of the accused which is not admissible in evidence. At the most there is evidence for the offence punishable under Section 201 of IPC. The father and mother of the applicant were arrested and released on bail. The co-accused Raees Ahmed Ansari, who was attributed the role of commission of offence under Section 201 of IPC is granted bail.