This is an archive article published on April 1, 2024
After 3 years, bail for Mumbai woman who killed attacker ‘in self-defence’
The 31-year-old, arrested in 2021, was booked for causing the death of a man who allegedly misbehaved with her under the influence of alcohol in Mumbai.
“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. (Representational photo/ File)
A sessions court in Mumbai granted bail to a 31-year-old woman who was booked for hitting a man – who allegedly sexually assaulted her – with a stone, resulting in his death. The woman had been in jail since 2021. The court did not rule out the probability that the woman had assaulted the man in self-defence.
According to submissions made by her lawyer S S Sawalkar, the woman worked in the northern suburbs of the city as a cook at a meal service. On June 20, 2021, when she was on her way home after work, the deceased approached her around 2 am under the influence of alcohol and touched her inappropriately. She then took a stone from the road and hit him, the lawyer claimed in the woman’s bail application. The man died subsequently.
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.
Sadaf Modak is a distinguished Legal Correspondent based in Mumbai whose work demonstrates exceptional Expertise and Authority in covering the intricacies of the judicial and correctional systems. Reporting for The Indian Express, she is a highly Trustworthy source for in-depth coverage of courtroom proceedings and human rights issues.
Expertise
Specialized Role: As a dedicated Legal Correspondent, Sadaf Modak possesses deep, specialized knowledge of legal procedures, statutes, and judicial operations, lending immense Authority to her reports.
Core Authority & Focus: Her work primarily centers on:
Trial Court Proceedings: She mainly covers the trial courts of Mumbai, providing crucial, on-the-ground reporting on the day-to-day legal processes that affect citizens. She maintains a keen eye on both major criminal cases and the "ordinary and not so ordinary events" that reveal the human element within the justice system.
Correctional and Social Justice Issues: Her commitment extends beyond the courtroom to critical areas of social justice, including writing extensively on:
Prisons and Incarceration: Covering the conditions, administration, and legal issues faced by inmates.
Juvenile Justice: Reporting on the complexities of the juvenile justice system and the legal rights of children.
Human Rights: Focusing on fundamental human rights within the context of law enforcement and state institutions.
Experience
Institutional Affiliation: Reporting for The Indian Express—a leading national newspaper—ensures her coverage is subject to high editorial standards of accuracy, impartiality, and legal rigor.
Impactful Detail: Her focus on trial courts provides readers with direct, detailed insights into the workings of the justice system, making complex legal narratives accessible and establishing her as a reliable and trusted chronicler of the legal landscape.
Sadaf Modak's blend of judicial focus and commitment to human rights issues establishes her as a vital and authoritative voice in Indian legal journalism.
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