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Bombay High CourtBA/1702/2021allowed

Asma Khwajasaheb Momin v. The State Of Maharashtra

2022-09-21Hon'Ble Shri Justice Nitin W. Sambre2 pages

1/2 43.BA.1702.2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION No. 1702 OF 2021 Asma Khwajasaheb Momin ...Applicant Vs.

The State of Maharashtra

...Respondent

Mr. Satyavrat Joshi for Applicant Ms Geeta P. Mulekar, APP for the State CORAM : NITIN W. SAMBRE, J.

DATED :

21st September, 2022 P.C.:

1.

On 14/05/2022 the applicant came to be arrested in relation to an incident committed on the same day resulting into registration of offence punishable u/s 302 r/w 34 of IPC. 2.

The deceased was step-daughter of the applicant. 3.

The statement of witnesses viz. Suman, Sahamalabi, Dulhanabi, Neeta, Kalabai, Suraj sufÏciently implicate the applicant in the offence in question.

4.

There is strong circumstantial evidence available on record against the applicant of having committed crime as the victim, her step daughter suffered severe injuries, which is the cause of her death.

5.

The victim was minor at the relevant time.

akn 1/2

2/2 43.BA.1702.2021.doc 6.

In the aforesaid background, no case for grant of bail is made out. The application stands dismissed.

7.

The liberty is granted to move a fresh before the Session Court once the charge is framed.

by ANANT KRISHNA NAIK Date:

2022.09.23 13:45:20 +0530 ANANT KRISHNA NAIK (NITIN W. SAMBRE, J.) akn 2/2