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2025 DAILYLAW 41968 (BOM)

SRUSHTI SANTOSH KADAM v. STATE OF MAHARASHTRA

BA/3520/2024 · 2025-06-27

Shri Ashwin D Bhobe

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Judgment text

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17.BA3520.2024.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3520 OF 2024 Srushti Santosh Kadam. ...Applicant Versus The State of Maharashtra. ...Respondent __________ Ms. Heena M. Mistry, learned Advocate for the Applicant. Mrs. Anamika Malhotra, APP for the State/Respondent. PSI Amol Gangdhar, Dapoli Police Station. __________ CORAM : ASHWIN D. BHOBE, J. DATE : 27th JUNE 2025. P.C. : 1. Heard Ms. Heena Mistry, learned Advocate for the Applicant and Ms. Anamika Malhotra, learned APP for State. 2. By the present Application filed under section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the Applicant is seeking regular bail in Crime No. 119 of 2023 registered at Dapoli Police Station, Ratnagiri for offence punishable under Section 302, 452, 397 of the Indian Penal Code. 3. Applicant was arrested on 18th July 2023 and since then she is in jail. Talwalkar ARUNA SANDEEP TALWALKAR Digitally signed by ARUNA SANDEEP TALWALKAR Date: 2025.06.30 19:58:46 +0530 17.BA3520.2024.odt 4. Ms. Heena Mistry, learned Advocate for the Applicant states that said Crime No. 119 of 2023 has been registered as Sessions Case No. 30 of 2023 and is pending on the file of the learned Additional Sessions Judge, Khed. 5. Case of the prosecution is that the son of Deepavati Ghag (deceased) filed a complaint reporting murder of his mother. The murder is said have been committed by the Applicant with the motive of steeling the gold ornaments adorned by the deceased, who at the time of murder was 87 of age and living alone in the house. 6. Bail Application filed by the Applicant at Exh. 4 in Sessions Case No. 30 of 2023 has been dismissed by the learned Additional Sessions Judge, Khed on 11th January, 2024. 7. Ms. Mistry, learned Advocate for the Applicant in support of the Bail Application submits that the Applicant is a lady. She submits that the Applicant has family to support. She submits that the Applicant is in jail since the month of July, 2023. She relies on the grounds raised in the Bail Application. 8. Ms. Malhotra, learned APP opposed the Bail Application on the ground that the Applicant has committed a brutal murder of a helpless 87 years old lady who was residing alone. She submits that the motive for committing murder of the deceased is the gold ornaments that were worne by the deceased. 9. I have perused the record with the able assistance of the Talwalkar 17.BA3520.2024.odt learned Advocates. 10. The charge-sheet reveals that the deceased was a 87 years old lady, who was residing alone in the residence was murdered allegedly by the Applicant for the gold ornaments worne by her. There are witnesses in the present crime who have stated that just prior to the reporting of the death of the deceased, the Applicant was seen in the company of the deceased. Witnesses have stated that prior to the date of incident, the Applicant was in dire need of money. Gold chain worne by the deceased was recovered at the instance of the Applicant. 11. Considering the gravity of the crime, the nature of allegations and the material on record, prima facie indicate involvement of the Applicant in the crime. 12. In view of the same, this is not a fit case for considering the request of the Applicant for bail. 13. Criminal Bail Application No. 3520 of 2024 is dismissed. [ASHWIN D. BHOBE, J.] Talwalkar