After 3 years, bail for Mumbai woman who killed attacker ‘in self-defence’

The police arrested the woman based on the description of an eyewitness and other evidence, and charged her for murder under section 302 of the Indian Penal Code. The lawyer claimed that the woman had hit the deceased with a stone in self-defence, pointing out that she had already spent three years in jail and the trial was yet to begin.

“If all these circumstances are considered in proper perception, the arguments of the advocate for the applicant appear to be correct that there is probability that to save herself the applicant might have assaulted the deceased,” the court said.

The police had opposed her bail stating that the man had six injuries and hence it cannot be claimed that the woman hit him once in self-defence. The court said the chargesheet had the statement of an eyewitness who said that the woman had hit the deceased with a stone just once.

“Thus, as per the prosecution story, only one injury at the hands of the applicant is probable. However, as per the postmortem, there are near about six facial injuries. At this moment the prosecution is not in a position to give an explanation about the additional injuries. Thus, there is an arguable case to the applicant,” the court said, granting the woman bail.

The court directed that the woman pay Rs 30,000 as a personal bond or surety for grant of bail. As the woman does not have any relatives in the city and may be unable to furnish the amount, an NGO was approached for help in her release. Prayas, a field action project by Tata Institute of Social Sciences, submitted to the court that it will also provide shelter to her apart from helping her with bail.