Chandar Budhya Rinjad v. The State Of Maharashtra

Yadav V.G. 1 12.ba.268.16.odt.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 268 OF 2016 Chandar Budhya Rinjad .... Applicant/Accused

Versus

State of Maharashtra .... Respondent through Palghar Police Station.

Mr. Kuldeep S. Patil for Applicant/Accused.

Ms. Veera Shinde, APP for Respondent/State.

Mr. A.D.Shinde, PSI, Palghar Police Station.

CORAM

:

SMT. SADHANA S. JADHAV, J.

DATE :

18TH JANUARY, 2017.

P.C.

.

Heard. This is an application under Section 439 of the Code of Criminal Procedure. The applicant herein is arrested on 3rd April, 2014 in Crime No. I-36 of 2014 registered at Palghar Police Station. The investigation is completed and charge sheet is filed. 2.

It is the case of the prosecution that on 3rd April, 2014 the daughter of the present applicant namely, Mangala Chandar Rinjad lodged the report at the police station alleging therein that her father was addicted to alcohol. He used to suspect the character of her mother. He used to assault his wife and children intermittently

Yadav V.G. 2 12.ba.268.16.odt. for not reason. It is alleged that on 2nd April, 2014, the first informant had been to Sajjanpada along with her mother. Her father had raised a quarrel with her mother at mid-night and had threatened her that he would eliminate her. On 3rd April, 2014 he had sent his children out of the house. When the children returned home, they saw that their mother was lying on the ground. She had sustained a bleeding injury to her head and that their father was not at home. It is apparent that the woman has died when she was under custody of her husband i.e. the present applicant. The cause of death is head injury by a weapon like axe. Column No. 19 of the post-mortem note would indicate that the deceased has multiple fracture of skull bone. The children of the applicant are eyewitnesses to the incident. 3.

In the eventuality, if the applicant is released on bail, the possibility that he will be tampered with the evidence, cannot be ruled out. Taking into consideration the material against the applicant and the compilation of the charge sheet, the application deserves to be rejected. Hence, the application being sans merits, stands rejected.

(SMT. SADHANA S. JADHAV, J.)