Bombay High Court
Harshada Arun Sonawane vs The State Of Maharashtra on 4 January, 2021
Author: C.V. Bhadang
Bench: C.V. Bhadang
5-bast-2413-20
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION (STAMP) NO. 2413 OF 2020
Harshada Arun Sonawane ..Applicant
V/s.
The State of Maharashtra ..Respondent
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Mr. N. R. Bubna, for the Applicant.
Mr. H. J. Dedhia, APP for the Respondent / State.
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CORAM : C.V. BHADANG, J.
DATE : 4th JANUARY, 2021
P.C.
. The applicant is facing prosecution for the offence punishable
under Section 302, 201 r/w. Section 34 of IPC. The applicant is
accused No.1.
2. According to prosecution, the deceased had some
objectionable video recording of the applicant and on account of
that was harassing the applicant had was threatening to make it
public. According to prosecution, this is the motive which prompted
the applicant, and the applicant alongwith accused No.2 in
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furtherance of their common intention are alleged to have assaulted
the deceased resulting into his death.
3. I have heard the learned counsel for the applicant and the
learned APP. With the assistance of the learned counsel for the
parties, I have gone through the record.
4. Prima facie, at this stage, it appears that the prosecution is
coming with a clear case of motive namely of the deceased harassing
the applicant which was the reason why the applicant with the help
of accused No.2 is alleged to have caused the death of deceased
Rajendra Sardar. Prima facie, at this stage, there is evidence about a
detailed call records which the applicant is alleged to have made to
the accused No.2 from the mobile of her nephew Prithviraj Ahire.
5. I have also gone through the statement of Prithviraj Ahire
which prima facie shows that the applicant had taken the mobile of
Prithviraj on 12/5/2020 and on the following morning had insisted
for change of sim card. The chargesheet contains a detailed
transcript of the call records from the said mobile and the accused
No.2. Prima facie, at this stage, there is also a recovery of blood
stained saree from the applicant.
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6. Mr. Bubna, the learned counsel for the applicant has
submitted that the case is based on circumstantial evidence as there
is no eye witness on account of any assault by the applicant on the
deceased. It is also submitted that the applicant is a lady aged 26
years having a child aged 4 years.
7. The learned APP has submitted that offence is serious and
there is prima facie case showing the complicity of the applicant in
the offence.
8. On a careful consideration of the circumstances and
submissions made, I do find that there is prima facie case although
the case appears to be based on circumstantial evidence. The said
material is in the form of call data records, statement of Prithviraj
Ahire, the motive alleged and the recovery of blood stained saree
from the applicant. Prima facie, at this stage, the statement of
Prithviraj also shows that the applicant after coming home at about
12.45 a.m. on 13/5/2020 had washed the saree which she was
wearing. The offence is punishable with minimum sentence of
imprisonment for life. The special circumstance, in my view, cannot
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outweigh the prima facie case made out by the prosecution at this
stage. In the result, the following order is passed
ORDER
1. The criminal application is dismissed.
2. The trial is expedited.
3. Liberty is granted to the applicant to renew his request for bail, after one year, in the event there is no substantial progress in the trial.
C.V. BHADANG, J.
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