SHAKILA BEGAM ALIAS NILOFAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant is seeking regular bail in connection with Crime No.440 of 2019 registered with Jinsi Police Station, District Aurangabad for the offence punishable under Section 302 of the I.P.C. Her application with similar prayer came to be rejected by the Additional Sessions Judge, Aurangabad, vide order dated 20.06.2020 in Criminal Bail Application No.854 of 2020.

(2.) The learned senior counsel submits that the investigation is over and the charge-sheet has been submitted. The applicant is a woman behind the bars for a considerable period. The learned senior counsel for the applicant submits that there are two witnesses, who are daughters of the applicant and according to them, there was a scuffle between deceased Vidya and the applicant. According to them, deceased Vidya came with a knife and in the scuffle the deceased Vidya has sustained the injuries. The learned senior counsel submits that the applicant and deceased Vidya were best friends. Even deceased Vidya often resides in the house of the applicant and because of some monetory transaction it is very unlikely on the part of the applicant to commit the murder of deceased Vidya. The learned counsel submits that at the most the applicant is responsible for causing injury on the thigh of the deceased Vidya, however, other injuries on the person of deceased Vidya are in the scuffle for which the applicant is not responsible. The learned senior counsel submits that even the applicant has sustained the injury on the right hand palm near the thumb. The learned senior counsel submits that the applicant is available for trial. She is ready to abide the conditions. The applicant is a divorcee having two small daughters and a minor son. There is nobody in the family to lookafter them. There is no criminal history. The applicant may be released on bail.

(3.) The learned APP has strongly resisted the application on the ground that there is a strong prima facie case against the applicant. The applicant has not denied the scuffle between herself and deceased Vidya. The learned APP submits that as per the Post Mortem report, deceased Vidya had sustained in all eight injuries and out of those eight injuries, four injuries are stab injuries, fifth injury is incise wound and remaining three injuries are abasions. The learned APP submits that the cause of death as given by the Medical Officer, who has conducted the Post Mortem Examination is 'Shock and Haemorrhege due to stab injuries'. The learned APP submits that out of those four stab injuries and one incise wound, one stab injury is on chest, one stab injury is on abdomen and the other injuries are on shoulder, thigh etc. The learned APP submits that these injuries are not possible in a mere scuffle. The applicant has made a deliberate assault on the deceased with an intention to commit her murder. She had chosen the vital part of the body for inflicting the blow with the help of knife. Prima facie, there is a strong case against the applicant. Applicant is not entitled to be released on bail.