The Bombay High Court recently comprising of a bench of Justice Prakash D Naik stated, “Detention of applicant not necessary until crime is prima-facie proved.” (Papu Ashok Waghela v. State of Maharashtra)
Facts of the case
The prosecution case is that the complainant was on duty at the police station. The applicant visited the police station and informed the police that her daughter was leaving the house with her clothes. She was caught by her and brought back into the house. With the help of odhani, she was strangulated and killed. The police visited the spot and found the daughter of the applicant aged about 23 years was found dead. During the inquiry, it was revealed that the victim was in love with a boy, and, her family was against the said relationship. While the victim was trying to run away from the house with her clothes, she was caught and brought home. There was quarrel between them at that time. She was killed by strangulation. Ligature marks were noticed on the body of the victim. First Information Report (“FIR”, for short) was registered. Investigation proceeded.
Contentions of the party
The submission of the learned counsel for the applicant is that the incident had occurred all of sudden. It was not pre-planned. The role of strangulation is not attributed to the applicant. The victim was the daughter of the applicant. The eye witness has attributed the role of strangulation by odhani to the co-accused.
Learned APP, however, submitted that the first informant has categorically stated that the applicant had visited the police station and she had disclosed that she killed her daughter. Station diary entry in that regard was also recorded on 17th November 2019. The applicant was admittedly present in the house at the time of the incident.
Courts observation and judgment
Allowing the bail application, the court in its order stated “From the documents it appears that the victim is the daughter of the applicant. Victim was having love afair with one boy. The applicant and the brother of the victim were against the said relationship. The victim was trying to run away from the house with her clothes. She was caught by the family members, and, brought back to her home. The statement of eye witness mention that the co-accused was found strangulating the victim, and, the applicant was standing at the feet of the victim. The applicant is lady. Considering the factual aspects, further detention of the applicant is not necessary.”
The bench further stated, “(ii) Applicant is directed to be released on bail in connection with C.R.No.258 of 2019, registered with Pydhonie police station, Mumbai, on executing P.R. Bond in the sum of Rs.25,000/-, with one or more sureties in the like amount;
(iii) Applicant shall attend trial Court regularly on the date of hearing unless exempted by Court
(iv) Applicant is permitted to furnish provisional cash bail security in the sum of Rs.25,000/-, for a period of eight weeks, in lieu of surety.”
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