BUTTI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant is seeking bail in connection with crime No. 101 of 2019 registered with Rahuri police station, District Ahmednagar for the offences punishable under Sections 302 r.w. 34 of I.P.C . Her application bearing Criminal Misc. Application No. 988 of 2019 with similar prayer came to be rejected by the learned Additional Sessions Judge, Ahmednagar vide order dated 16.07.2019.

(2.) Learned counsel for the applicant submits that though there are allegations against the applicant that on 6.2.2019 at about 10.00 p.m. the present applicant and co-accused, who happened to be husband of deceased, extended beatings to deceased Jyoti, on 7.2.2019 at about 3.30 a.m. deceased Jyoti was admitted to Vivekanand Nursing Home, Rahuri Factory, Tq. Rahuri. Learned counsel submits that at that time in presence of deceased Jyoti who was then able to talk, co-accused Pradeep had informed to Dr. Kishor Waghmare that deceased Jyoti had consumed poison. Learned counsel submits that as per the statement given by Dr. Kishor Waghmare, even deceased Jyoti told the doctor that she does not want to take any treatment. Learned counsel submits that as per the statement given by brother of deceased Jyoti viz. Balwant @ Ravindra and the papers of Max Care Super Speciality Hospital, Ahmednagar, placed alongwith the charge sheet, it appears that initially deceased Jyoti was admitted in Civil Hospital, Ahmednagar and thereafter shifted in Max Care Super Speciality Hospital, Ahmednagar on 7.2.2019 at about 7.40 a.m. Learned counsel submits that after returning from the said Vivekanand Nursing Home, Rahuri factory, Rahuri till deceased Jyoti was taken to Civil Hospital, Ahmednagar, deceased Jyoti was in the house. Learned counsel submits that even as per the statement of said Balwant @ Ravindra, the brother of deceased Jyoti, while taking deceased Jyoti to Max Care Super Speciality Hospital, Ahmednagar from the Civil Hospital, deceased Jyoti has raised her finger towards co-accused Pradeep Gade and told her brother as not to spare him. Learned counsel submits that only after funeral, the allegations have been made implicating the present applicant in the alleged commission of crime. Learned counsel submits that the applicant is a married woman. She is in jail since 10.2.2019. She is having two children aged 6 and 9 years respectively. The applicant may be released on bail.

(3.) Learned A.P.P. has strongly resisted the application on the ground that the cause of death as per the opinion given by the Medical Officer, who has conducted the post mortem examination, is Haemorrhage and shock due to injury to liver, right kidney and rapture of superior meserteric blood vessels and right renal blood vessels, due to blunt trauma over abdomen. Learned A.P.P. submits that deceased Jyoti was subjected to severe beating on her abdomen with fist and kick blows and as a result thereof, she died. The child witness Sarthak has ascribed specific role to the applicant. Though the allegations have been made against co-accused Pradeep Gade, who happened to be husband of deceased Jyoti about beating extended to deceased Jyoti, however, the child witness Sarthak, who is son of deceased Jyoti has also stated about the specific role of the applicant. He has stated that the present applicant has also extended beating with co-accused Pradeep Gade to deceased Jyoti. Learned A.P.P. submits that the story about consumption of poison is utterly false to the knowledge of the applicant and co-accused. Prima facie, there is strong case against the applicant, she may not be released on bail.