Rajaram Mangilal Malaviy v. State Of Maharashtra

905_BA_5431_2024.docx Prasad Rajput IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 5431 OF 2024 Rajaram Mangilal Malaviy .. Applicant

Versus

State Of Maharashtra .. Respondent ....................

 Mr. Anand Pande a/w Ms. Pooja Pandey i/by Manan Shah, Advocates for Applicant.

 Mr. Balraj B. Kulkarni, APP for State.

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CORAM : MILIND N. JADHAV, J.

DATE : APRIL 15, 2025 P. C.

:

1.

Heard Mr. Pandey, learned Advocate for Applicant and Mr. Kulkarni, learned APP for State.

2.

Applicant is indicted for committing murder of his wife in an incident which occurred on 24.10.2020 wherein on asking her for money to buy liquor and her refusal to give the money, Applicant in a fit of rage used a hammer to inflict a blow on the head of her wife. His wife was admitted to the hospital for 6 days for treatment pursuant to which she succumbed to her injuries.

3.

Learned Advocate for Applicant would persuade the Court to consider two specific grounds for grant of bail; firstly, he would submit that charge is framed but trial has not commenced and probability of examining 24 prosecution witnesses as stated in the

905_BA_5431_2024.docx chargesheet would entail further incarceration of the Applicant pending trial. He would also persuade the Court to consider case of Applicant for grant of bail on the ground of long incarceration. 4.

That apart he would submit that insofar as the alleged incident is concerned it was never premeditated or planned and it happened due to the precursor incident of victim wife refusing to give money to buy liquor which eventually led to the unfortunate incident. He would submit that Applicant has 6 daughters to provide care and support for who are presently being looked after by the victim's mother i.e. his mother-in-law.

5.

Learned APP shall examine the veracity of the submissions made by the learned Advocate for Applicant and accordingly apprise the role fo the Applicant and status of trial to the Court on the next adjourned date.

6.

Stand over to 29th April, 2025.

P.R. Rajput [ MILIND N. JADHAV, J. ]