This is an archive article published on October 23, 2022
Bombay HC grants bail to Nashik woman arrested for niece’s ‘murder’
"There has been a delay in lodging the FIR. The applicant is in custody for a period of about two years. Prima facie, assuming the allegations in the FIR to be true, the applicant cannot be attributed offence of committing murder," the court observed.
A single judge bench of Justice Prakash D Naik on October 19 passed an order on the bail plea of accused Ahilyabai Vishnu Kal (File Photo)
The Bombay High Court recently granted bail to a woman from Nashik, who was arrested for allegedly murdering her niece in 2020.
The deceased had been living with the accused, who was her maternal aunt, following a quarrel with her husband. While staying with her aunt, the deceased allegedly developed a relationship with her son and became pregnant.
During a family wedding, the deceased had visited her husband’s house, where he got to know that she was five-month pregnant.
After the deceased’s mother confronted the accused, her sister, about the pregnancy, the latter got angry and allegedly caused injuries to the deceased, who died during treatment at a hospital the next day.
A single judge bench of Justice Prakash D Naik on October 19 passed an order on the bail plea of accused Ahilyabai Vishnu Kale, who was arrested for offences punishable under sections 302 (murder) and 314 (punishment for an act causing death of a woman with an intention to cause the miscarriage of a woman with child). The FIR was registered at Yeola City police station in Nashik.
Ahilyabai was arrested after Sangitabai Bhorkade, her real sister, lodged a complaint on August 1, 2020 that her daughter Shakuntala was assaulted by Ahilyabai causing her death.
The court was told that on the day of the incident on July 13, 2020, Ahilyabai and Sangitabai had a quarrel over the latter claiming the accused’s son was responsible for pregnancy. In a fit of rage, Ahilyabai allegedly dragged Shakuntala, who was sleeping on a cot, by holding her legs. The deceased fell down on the floor and sustained injuries to her head and became unconscious. She was taken to hospital by Ahilyabai, where she died during treatment.
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Ahilyabai’s advocate Heena Mistry submitted that she was in custody for over two years since August 1, 2020 while the probe was complete with chargesheet filed and that she has been falsely implicated in the case. Mistry said there was delay in lodging of FIR and that the medical case papers indicate the victim had fallen in the bathroom.
After perusing submissions and material on record, Justice Naik observed, “…When the victim was taken for treatment there are notings which indicate that she had slipped in the bathroom and suffered injuries. There has been a delay in lodging the FIR. The applicant is in custody for a period of about two years. Prima facie, assuming the allegations in the FIR to be true, the applicant cannot be attributed offence of committing murder. Considering the factual aspects, bail can be granted to the applicant and application is allowed.”
Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions.
Expertise & Authority
Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage.
Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in:
Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include:
Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes).
Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty).
Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict.
Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability.
Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges.
Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More
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