Bisenkumar Chagansingh Bhound v. The State Of Maharashtra Thr Pso, Ps, Saoner Dist. Nagpur

2025:BHC-NAG:11502 1 29.ba.1140.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO. 1140/2025 Smt. Bisenkaur Chagansingh Bhound Vs. The State of Maharashtra - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. C. R. Thakur, Advocate for the Applicant. Mr. V. A. Thakare, A.P.P. for the Non-applicant/State. CORAM : MRS.VRUSHALI V. JOSHI,J.

DATED : 06/11/2025.

.

Heard.

2.

The applicant is arrested in Crime No.418/2025 registered with Police Station, Saoner, District Nagpur for the offences punishable under Sections 103(1), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3 and 25 of the Arms Act, 1959.

3.

It is the case of the prosecution that the brother of deceased had committed murder of the deceased by firing gunshot as he was having suspicion that the deceased had stolen the Gold locket of his son. The applicant is the mother of deceased and accused. The allegations are made against this applicant that the applicant abetted accused No.1 to commit a murder. On the statement made by the daughter of the deceased that she heard the conversation between accused No.1 and this applicant that the applicant asked him to go and kill the deceased and also asked the accused No.1 to die. Therefore, the offence is registered against this applicant.

4.

The learned Counsel for the applicant has stated that the applicant is the mother of accused No.1. No other allegations are made against this applicant. There is

2 29.ba.1140.25 extra-judicial confession of the accused No.1. After committing murder, he came out and told the people, who were gathered there that he had killed his bother. There are no any allegations in the First Information Report or no statement is made by any other witness about the involvement of this applicant. Hence, prayed to release the applicant on bail.

5.

The leaned A.P.P. opposed the application stating that the statement of the daughter of the deceased shows that the applicant had abetted her son to kill the deceased and, therefore, the offence is registered. Considering the role played by the applicant, prayed to reject the application.

6.

Heard both the learned Counsel for the respective parties.

7.

The applicant, who is the mother of the deceased and the accused No.1. There are no allegations against this applicant in the First Information Report. The only statement which is made by the daughter of the deceased that she heard the conversation between the applicant and the accused No.1 that she asked accused to go and kill the deceased. There is every possibility of utterance of said words because of the quarrels in the family and in a state of fed up mind. Considering the circumstances, the case is made out to release the applicant on bail. Accordingly, I proceed to pass the following order : i] The criminal application is allowed.

ii] The applicant shall be released on bail in connection with Crime No.418/2025 registered

3 29.ba.1140.25 with Police Station, Saoner, District Nagpur for the offences punishable under Sections 103(1), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3 and 25 of the Arms Act, 1959, on furnishing P.R. Bond in the sum of of Rs.25,000/- with one solvent surety in the like amount.

iii] The applicant shall not in any way tamper with the prosecution evidence.

iv] The applicant shall not pressurize or threaten the prosecution witnesses.

v] The applicant shall attend the concerned police station on every Monday and Saturday between 1:00 p.m. to 2:00 p.m.

vi] The applicant shall co-operate the investigation officer.

The Criminal application is disposed of accordingly.

(MRS. VRUSHALI V. JOSHI, J.) RGurnule