Bombay HC Grants Bail to Wife Jailed 4 Years for Husband's Killing Over Dispute To Not Have 2nd Child

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Synopsis

The high court, in its order, noted that there was no progress in the trial for 4½ years, and with 27 witnesses, it would take a long time for the trial to conclude

The Bombay High Court has granted bail to a wife who was booked for killing her husband after having a second child despite her reluctance.

A single-judge bench of the high court, comprising Justice Madhav Jamdar, heard a bail application filed by the wife who had been in jail for 4 years and 6 months without charges being framed in the case registered against her.

It was alleged that the wife had killed her husband after giving birth to a girl child despite her reluctance, as her husband had insisted on having a child.

Advocate Vishal Khetre, representing the wife, argued that almost 4 years and 6 months had elapsed with no progress in the trial, and the charges were not yet framed.

Khetre submitted that there was no clear motive for committing the offence in question, and the cause of death is also uncertain.

Additional Public Prosecutor Veera Shinde opposed the application, arguing that the statements of the daughter of the applicant, sister of the deceased, and father of the deceased would show the existence of incriminating material against the wife.

Shinde pointed out the opinion on the cause of death as recorded in the Post-Mortem Examination Report, which stated "Death due to hemorrhagic shock due to injury to vital organs”

The high court, in its order, noted that there was no progress in the trial for 4½ years, and with 27 witnesses, it would take a long time for the trial to conclude.

The bench observed that the woman had not preferred a single application for bail since 2019, and the present application was only filed through a legal aid NGO named 'Dard se Hum Dard Tak.'

Justice Jamdar concurred with the contention of the wife that there was no clear motive and granted bail to the woman.

Case title: Pranali Sunil Kadam vs State of Maharashtra