Bombay High Court
RAJSHRI DIGAMBAR CHALWADversusTHE STATE OF MAHARASHTRA
- Disposal
- APPLICATION ALLOWED
Holding
The court held that, given the applicant’s lack of prior record, the seizure of the alleged weapon, her status as a woman, and the stage of investigation, continued detention was unnecessary and bail was warranted with conditions.
Summary
The applicant, Rajshri, sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for an offence under Section 105 of the Bhartiya Nyaya Sanhita, 2023 arising from a domestic altercation that led to her husband's death. The prosecution alleged that after a quarrel, the applicant pushed her husband, causing him to fall, and then struck him on the head with a wooden stick, resulting in fatal injuries. The defence argued the incident was a sudden, unplanned act without intent to kill, highlighted the applicant’s lack of criminal antecedents, and noted that the weapon had already been seized. The State contended that the blow was intentional, the medical evidence indicated serious injury, and that the applicant could influence key witnesses. The court examined the nature of the evidence, the applicant’s gender, her residence, and the period already spent in custody, and concluded that continued detention was unnecessary, granting bail with strict conditions.
Issues considered
- Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for an offence punishable under Section 105 of the Bhartiya Nyaya Sanhita, 2023.
- Whether the applicant’s status as a woman warrants consideration in the bail decision.
- Whether the stage of investigation and the nature of the alleged offence justify continued detention.
- Whether imposing conditions can adequately protect the investigation and witnesses.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Bhartiya Nyaya Sanhita, 2023 — s. 105
Subjects
- bail
- domestic violence
- Section 105
- Section 483
- gender considerations
- investigation
- witness tampering
- murder
Judgment
2026:BHC-AUG:42965
RB43BA1718-26
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
BAIL APPLICATION NO. 1718 of 2026
Rajshri w/o Digambar Chalwad ... Applicant
Age 45 years, Occu: Household and agri.
R/o Budhoda Tq.Ausa Dist. Latur
VERSUS
The State of Maharashtra … Respondent
Through Police Inspector, Ausa Police
Station,Tq. Aust, Dist. Latur.
.....
Mr. Rahul Pandhari Cheble, Advocate for the Applicant
Mr S. A. Gaikwad, APP for the Respondent State
Mr. P. P. More, Advocate, assists to PP.
CORAM : HITEN S. VENEGAONKAR, J.
DATE: 21st September, 2026
ORDER:-
1. Heard the learned Advocate for the applicant, learned APP for
the State and learned Advocate for the original complainant. With the
assistance of learned APP, I have also gone through the investigation
papers which were produced before this Court, as the investigation is
still in progress.
2. By the present application, the applicant is seeking regular bail
under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in
connection with Crime No. 385 of 2026 registered with Ausa Police
Station District Latur, for the offences punishable under Section 105 of
Bhartiya Nyaya Sanhita, 2023.
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3. The prosecution case, in brief, is in respect of an incident that
took place in the house of the applicant on the night of 19.06.2026. It
is alleged that the deceased husband of the present applicant by name
Digambar is stated to have returned home consuming liquor and have
started abusing the applicant and their daughter. During the ensuing
quarrel, the applicant allegedly pushed the deceased causing him to fall
and thereafter stuck – hum with an assault of wooden stick on the
head. The following day, the deceased complained of having severe
pain in his left arm and therefore he was taken for treatment by the
present applicant and her son. It is alleged that his conditions
thereafter deteriorated and he was therefore admitted in Phonix
Hospital at Latur on 23.06.2026. He succumbed to the head injury on
27.06.2026. Following an inquiry into the accidental death and receipt
of the medical opinion, the police proceeded to register an offence on
09.07.2026 and the applicant came to be arrested on the same day i.e.
09.07.2026. Since then, the applicant is in custody. The applicant is a
wife/woman and therefore, the present bail application is also decided
by taking the said fact into consideration.
4. The learned Advocate appearing for the applicant submits that
the procurance arose suddenly in the course of a domestic quarrel.
There was absolutely no intention or preparation to cause death of the
deceased. The allegation is of a single blow and one push due to
which, the deceased fell down. It is further argued that the applicant
and her son subsequently had taken the deceased to the Hospital for
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treatment. He was admitted and for several days, he received medical
treatment, however, ultimately he died. The learned counsel also
points out that the wooden stick has already been seized and submits
that her further detention is unnecessary. He argues that the applicant
is a wife, the entire incident arose during the domestic quarrel between
the husband and wife. During the said quarrel, suddenly the alleged
incident of assault has taken place. Coupled with the fact that the
applicant is not the hard-earned criminal and have no criminal
antecedents, the continuous custody of the present applicant is
therefore, unwarranted.
5. The learned APP opposes the application and submits that the
allegations cannot be treated as a mere accidental fall. There is specific
allegation of a blow on the head after the deceased had fallen. The
medical record indicates that there is a cerebral contusions as well as
injury to the left shoulder. According to the prosecution, there was a
delay in obtaining appropriate treatment for the head injury. The
daughter is a material witness and being member of the applicant’s
family, may be susceptible to the influence of the present applicant as
the present applicant being her mother. He argues that in the interest
of justice and for the impartial investigation, the application at least till
completion of investigation be rejected.
6. The learned Advocate appearing for the original complainant
submits that there has been dispute over the agricultural property
between the present applicant and the family members of the
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deceased. He submits that that the applicant was aggressor and it
cannot be said that the death of the deceased has been caused due to
accidental fall. According to him, there was a a clear intention of
committing murder of the deceased and that can be inferred from the
fact that the after the push and fall of the deceased on ground, a
severe blow of wooden stick is given on the vital part of the body of the
deceased. This amounts to intention and knowledge. He submits that
merely because the applicant is woman, at this stage, when the
investigation is in progress, the application should not be considered.
He also submits that the medical record supports the allegation that has
been levelled against the present applicant. He admits that it may be a
good case for release of the applicant post the charge-sheet but during
pendency fo the charge-sheet, the application should not be considered.
7. I have considered the submissions and the material presently
available. The medical findings, no doubt, disclose serious injuries, and
the death must be fully investigated. At this stage, the allegation of a
blow with a stick cannot be brushed aside by this Court by describing
the entire occurrence as a whole. Equally the circumstances in which
the entire act has occurred matters the most for considering the bail
application. On the prosecution's account, the quarrel began when the
deceased returned home after consuming liquor and started abusing
the present applicant and their daughter. There is no allegation of a
prior planning or of a repeated assault. Whether the fatal head injury
was caused by the fall, the alleged blow by the applicant using wooden
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stick or it is a combined effect and whether there was any intention or
knowledge, which can be attributed to the present applicant are some
important questions which will have to be determined upon the
leading of evidence at the time of trial. It would be too premature for
this court, while considering the application to decide them
conclusively in the present application.
8. The applicant’s status as a woman is a relevant consideration
under the bail provisions, though it does not confer an automatic right
to be released on bail. In the present case, she has been arraigned as a
sole accused with no criminal antecedents and with also a permanent
and fixed residence. The alleged stick has been already recovered and
seized and she has already undergone the period of police custody. The
concern regarding the daughter and other witness is substantial,
particularly, while the investigation is continuing but can be addressed
by strict conditions.
9. Taking into consideration the circumstances of the occurrence,
the nature of the evidence, the period of custody and the stage of
investigation together I am satisfied that continued detention of the
present applicant is not necessary and the applicant can be released on
bail on certain conditions. Hence, the following order:-
ORDER
(i) The Bail Application is allowed.
(ii) The Applicant, in connection with with Crime No. 385 of
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2026 registered with Ausa Police Station District Latur, for the
offences punishable under Section 105 of Bhartiya Nyaya
Sanhita, 2023 be released on bail on furnishing personal bond
of Rs.25,000/-( Rupees Twenty Five Thousand only) with one
or two sureties of the like amount.
(iii) The Applicant shall attend the concerned police station on
1st Monday of every month between 10.00 a.m. and 12.00
noon till filing of the charge-sheet and thereafter once in a
month, till framing of charge.
(iv) The Applicant shall not pressurize the prosecution witnesses
and shall not tamper with the prosecution evidence, in any
manner.
( HITEN S. VENEGAONKAR, J.)
JPChavan
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