: 1 : 8-IA-3428-24.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.3428 OF 2024 IN CRIMINAL APPEAL NO.932 OF 2024 Md. Sharif @ Guddu Chandpasha Patel …..Applicant Versus The State of Maharashtra .….Respondent ----- Mr. Kedar J. Patil, Advocate a/w. Sakshi S. Kadam, Prajay Kutkar, Virendra Deshmukh i/b. Sudatta Patil for the Applicant. Ms. Geeta P. Mulekar, APP for the Respondent-State. ----- CORAM : SARANG V. KOTWAL AND MANJUSHA DESHPANDE, JJ. DATE : 25th JUNE, 2025 P.C. : 1. This is an application for bail pending Appeal. The Applicant was arrested on 4.10.2021. 2. Heard Mr.Kedar Patil, learned counsel for the Applicant and Ms. Geeta Mulekar, learned APP for the Respondent-State. 3. The prosecution case is that the deceased Mumtaj was the mother-in-law of the Applicant. He had got divorce from his wife. He wanted his wife to cohabit with him, but, he was blaming the mother-in-law for not sending his wife to cohabit with him. 1 of 4 Deshmane(PS) PRADIPKUMAR PRAKASHRAO DESHMANE Digitally signed by PRADIPKUMAR PRAKASHRAO DESHMANE Date: 2025.06.27 14:42:11 +0530 : 2 : 8-IA-3428-24.odt The incident took place on 4.10.2021. He went to the house of the deceased Mumtaj and assaulted her on her head with a heavy iron rod causing her death. 4. Learned counsel for the Applicant submitted that it was case of a single blow and there was a reason for getting angry because the Applicant’s wife was not cohabiting with him and was not looking after their children. He submitted that the offence would fall within the meaning of Section 304 Part-II of IPC. 5. Learned APP submitted that the prosecution has proved its case beyond reasonable doubt. She added that they have recorded a statement of the wife of the Applicant expressing her apprehension that if released on bail, there will be danger to her life as well. 6. We have considered these submissions and with the assistance of both learned counsel, we have perused the evidence and in particular we have read the evidence of PW-5 Bilal Inamdar and PW-7 Shahista Pirjade, who were the eye witnesses. We have also perused the medical certificate. 7. PW-5 Bilal Inamdar was a neighbour. He has described the incident in detail. He has described that on 4.10.2021 at about 2 of 4 : 3 : 8-IA-3428-24.odt 5.30 p.m. he was in his shop. The deceased Mumtaj was his neighbour. On that day, the Applicant came to Mumtaj’s house on his motorcycle. He was carrying an iron rod. He damaged one Activa and hit the gate by said rod. Hearing the commotion, PW-5 came out. The Applicant was shouting that his wife Samreen should come for cohabitation. PW-5 intervened but he was given a blow by the Applicant on his right hand. The Applicant’s mother-in-law Mumtaj came out of the house. The Applicant gave a blow with the iron rod on her head. She fell down and became unconscious. She suffered a bleeding injury. The accused – Applicant ran away from the spot with the rod in his hand. He left behind his motorcycle. PW-5’s wife and others took Mumtaj to Markandey Hospital. Mumtaj died in the hospital on 6.10.2021. There is hardly any effective material brought out in his cross- examination. 8. PW-7 Shahista Pirjade was the daughter-in-law of the deceased Mumtaj. She has narrated the incident in exactly the same manner as is described by PW-5. There is no inconsistency. 9. The medical evidence in the form of postmortem notes show that there was a surgical sutured wound of length 37 cm 3 of 4 : 4 : 8-IA-3428-24.odt with 31 stitches in situ present over the right fronto-parietal region extending from the midpart of the frontal region to 1 cm above the right ear. There was abrasion on the forehead and there were other surgical wounds. There was hematoma on scalp and there was thick layer of subdural hemorrhage. The cause of death was head injury. 10. Thus, it can be seen that there is consistent evidence of two eye witnesses supported by the medical evidence. The blow was quite forceful. At this stage, it is not possible to observe that it could be a lesser offence than the one punishable under Section 302 of IPC. No case for bail is made out. The Application is rejected. ( MANJUSHA DESHPANDE, J.) (SARANG V. KOTWAL, J.) Deshmane (PS) 4 of 4