B.A.636/2022
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IN THE COURT OF SESSIONS FOR GREATER BOMBAY AT BOMBAY
CRIMINAL BAIL APPLICATION NO.636 OF 2022
( CNR NO.: MHCC020036912022 )
LurthMary Sadanand Murgeshan
Age: 53 years, Occ: Housewife
R/o: MHADA Colony, Building no.21.
Room no.507, Vashinaka, Chembur
Mumbai 400074.
…Applicant/Accused.
V/s.
The State of Maharashtra.
( At the instance of R.C.F. P.Stn.
Vide C.R. No.658/2021)
…Respondents/State.
Appearance:
Mr. Mohammad Hussain Advocate for the Applicant/Accused.
Mr. Ramesh Siroya, APP for the State/respondent.
CORAM : H.H. THE ADDL. JUDGE
SHRI G.B.Gurao (C.R.17)
DATE : 04/05/2022.
ORDER
1.
This is an application under section 439 of Cr.P.C. for bail by
applicant/accused
LurthMary
Sadanand
No.658/2021 under section 302 of IPC
Murgeshan
in
crime
registered at police station
R.C.F., Mumbai.
Facts in brief are as under :
2.
Informant/Complainant
Ramesh Khapale is serving as a
Probationary police sub inspector at R.C.F. police station, Mumbai. On
6/12/2021, at about 8.00 a.m., complainant resumed on duty as SHO.
At 13.40 hours, WPSI Chavre of Nirbhaya squad informed him that
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while she was doing patrolling at MHADA colony, Vashi Naka,
Chembur, one man and woman informed her that their son Pravin is
died and he is in their i.e. room no.507 building no.21 MHADA Colony,
Vashi Naka. Accordingly, WPSI Chavre went on the spot and she saw
that one person aged 3035 years was in pool of blood and he had
sustained injury on his head. Therefore, complainant Ramesh Khapale
went on the spot. He also saw that the said person was unconscious
and in half naked position. Local doctor Mr. Santosh Yadav was called
and he declared the said person dead. It is further revealed that
deceased was the son of accused LurthMary and his name was Pravin.
Police found one hammer, one full sleeves shirt and underwear. Swap of
the blood was taken. Inquest panchanama was prepared on the spot.
The dead body was sent to Rajawadi postmortem center for
postmortem. Initially AD. No.150/2021 was registered. During inquiry,
it is revealed that accused committed murder of her son Pravin and
accordingly, she was arrested. Police carried investigation. Statements
of witnesses were recorded. The cause of death was shown as head
injury. After completion of investigation, chargesheet is filed against
the accused.
3.
Learned Metropolitan Magistrate committed the case to this Court
for trial.
4.
Mr. Mohammad Hussain Advocate for applicant/accused has
submitted that accused is woman and housewife. She is permanent
resident of given address. The alleged offence is committed in sudden
provocation. There was no intention of accused to kill her son. There
was no premeditation and preparation. Accused is not habitual offender.
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Her second son Nitin is commissioned officer in Air Force of India and
other son Arwind is resident of Thane. Accused undertakes to abide by
the conditions, if any imposed by the Court.
Hence, he prayed to
release the applicant/accused on bail.
5.
Mr. Ramesh Siroya, APP for the State has submitted that accused
is not permanent resident of Mumbai. If she is released on bail, then
she will pressurize the witnesses. Accused brutally killed her son. He
prayed to reject the application.
6.
Accused is charged for the offence punishable under section 302
of IPC.
It is to be noted that deceased Pravin was the son of
applicant/accused. Accused, her husband Sadanand and Pravin were
residing together. Pravin was unmarried. Accused’s husband was in
Government service and now he is pensioner. He is getting pension
from the Government. I have perused the statement of witnesses. From
their statement, it reveals that Pravin was addicted of liquor. He was
unmarried and he was not doing any job. The incident took place on
4/12/2021 at about 23.00 hours.
Prior to the incident Pravin had
demanded money for liquor from accused and her husband. He had
also stated that his father got pension and therefore, he was insisting
money for liquor. He also told his father to bring liquor for him.
Therefore, Sadanand left the house at about 4.00 p.m. by telling Pravin
that he would bring liquor to him. But Sadanand lived whole night on
the footpath. As Sadanand had not come, therefore, deceased raised
quarrel with his mother i.e. accused. In the anger, he beat to his mother
and therefore, accused assaulted him by hammer.
7.
After the incident, accused frightened and she went to her
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relatives house. In the morning accused her husband and her brother
inlaw came. Accused was weeping. She did not dare to come in the
room and she sat on the staircase in the room. Thus, Sadanand and his
brother saw the dead body of Pravin and gave information to police. If
the statement of witnesses are considered, it appears that initially,
Pravin raised quarrel with his parents. His father left the house because
of trouble from Pravin. Pravin raised quarrel with his mother as he did
not get liquor and firstly he assaulted to her.
Thus, it primafacie
appears that, there was no intention of accused to commit murder of
her son. The incident occurred in sudden grave provocation. Therefore,
it is doubtful that whether accused committed murder of Pravin or case
falls in exception of section 300 of IPC.
8.
Accused is woman and earlier to this, accused and her husband
many times requested their son Nitin to take them at Delhi because of
harassment by Pravin. Accused is not habitual offender. She undertakes
to abide by the conditions imposed by the Court. Therefore, considering
the facts and circumstances of the case, I find that accused is entitled for
bail. Therefore, following order.
ORDER
1.
Bail Application No. 636/2022 is hereby allowed.
2.
Applicant/accused namely LurthMary Sadanand
Murgeshan in C.R.No.658 of 2021 registered with R.C.F.
police station for the offence punishable under Sections
302 of IPC, shall be released on her executing PR
Bond of Rs.30,000/ (Thirty Thousand only) with one
or more sureties of the like amount on the
conditions that :
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She shall not pressurize the prosecution witnesses in
any manner.
b)
She shall not commit any offence while on bail.
c)
She shall attend the dates of Court regularly unless
exempted by the Court.
d)
She shall furnish her correct address to the
investigating officer.
3.
She be released on provisional cash bail of Rs.30,000/.
Duration of provisional cash bail shall be for four weeks.
4.
Bail Application No.636/2022 is disposed of accordingly.
Digitally signed
by GIRISH
BALKRISHNA
GIRISH
BALKRISHNA GURAO
Date:
GURAO
2022.05.06
13:32:15 +0530
(G.B.Gurao)
Addl. Judge
City Civil & Sessions Court,
Gr. Bombay.
Dictated on
Transcribed on
Date of sign
: 04.05.2022.
: 05.05.2022.
: 06.05.2022.
B.A.636/2022
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Order
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
06.05.2022.
UPLOAD DATE AND TIME
Mrs. S.S.Sawant
NAME OF STENOGRAPHER
Name of the Judge (with Court Room
No.)
HHJ SHRI.G.B.Gurao,(C.R.No.17)
Addl. Judge.,City Civil & Sessions Court,
Date of pronouncement of /Order
04.05.2022.
Order signed by P.O. on
06.05.2022.
order uploaded on
06.05.2022.