LAWS(BOM)-2021-2-201

IRFAN Vs. STATE OF MAHARASHTRA

Decided On February 23, 2021
IRFAN Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Heard learned Counsel for the applicant and learned APP for State.

(2.) Applicant seeks his enlargement on bail in connection with Crime No.I-401/2019 dated 2nd June, 2019 registered with Mumbra Police Station under Section 302 of the Indian Penal Code.

(3.) It is a case, wherein the State has failed to conduct a 'fair' investigation, in as much as, on 17th February, 2015, husband of the deceased had reported to police that the applicant, a paying-guest, had caused the death of his wife, Neeludevi, by strangulating her, when nobody was in the house. The post-mortem report shows, probable cause of death was compression of neck on left side. The spot panchanama drawn on 2nd February, 2015 also shows that, a wire was found at the place of incident. Despite information relating to cognizable offence was given, instead of registering FIR, accidental death enquiry was held under Section 174 of the Criminal Procedure Code vide A.D.R. No.18/2015. In the course of an enquiry, PSI, P.B. Chavan had recorded statements of nine witnesses whereafter he was transferred, somewhere around in June, 2015. His successors, P.M. Wankhede and PSI, Kore to whom the enquiry was made over, did nothing and chose to remain passive, though the enquiry was suggesting and suspecting complicity of the applicant. In March 2019, Senior Inspector, Mr. Kad in the periodical review meeting realised that, the accidental death enquiry had revealed that the applicant strangulated the deceased who had illicit relations with her. In the circumstances, on 2nd June, 2019 Assistant Police Inspector filed a complaint which was registered vide C.R. No.401/2019 under Section 302 of the Indian Penal Code against the applicant.