Bombay High Court
SONI SANTOSH JAYBHYEversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
Bail is granted to the applicant under the stipulated conditions.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by Soni Santosh Jaybhye, who is accused of murdering her 11‑year‑old son and attempting to murder her 13‑year‑old daughter under Sections 103(1) and 109 of the Bharatiya Nyaya Sanhita, 2023. The prosecution’s case is largely circumstantial, while the applicant alleged severe domestic harassment by her alcoholic husband, leading to a desperate state of mind. The court noted the applicant’s vulnerable position as a mother of two minor children, the affidavit of her mother offering care, and the lack of evidence suggesting flight risk or tampering. Weighing these humanitarian considerations against the seriousness of the charges, the judge granted bail with stringent conditions, including a personal bond, regular reporting, and restrictions on influencing witnesses. The bail order was issued without prejudice to the trial, which will proceed on the merits.
Issues considered
- Whether bail can be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for offences of murder and attempt to murder.
- Whether the applicant poses a risk of flight, tampering with evidence, or influencing witnesses.
- Whether the applicant’s domestic circumstances and lack of support justify bail despite the seriousness of the charges.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 109
Subjects
- bail
- murder
- attempt to murder
- circumstantial evidence
- domestic violence
- humanitarian grounds
- Section 483
- Bharatiya Nagarik Suraksha Sanhita
- Bharatiya Nyaya Sanhita
Judgment
45. BA-3672-26.odt
Amberkar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 3627 OF 2026
Soni Santosh Jaybhye .. Applicant
Versus
The State of Maharashtra .. Respondent
....................
Mr. Ghanasham Jadhav, Advocate for Applicant
Ms. Rajeshree V. Newton, APP for State
Mr. Sidhanath Shendage, PSI, Wagholi Police Station
...................
CORAM : MILIND N. JADHAV, J.
DATE : SEPTEMBER 30, 2026
P. C.:
1. Heard Mr. Jadhav, learned Advocate for Applicant and Ms.
Newton, learned APP for State.
2. This is an Application under Section 483 of Bharatiya Nagarik
Suraksha Sanhita, 2023 seeking Bail in connection with C.R. No. 74 of
2026 registered with Wagholi Police Station for the offences
punishable under Sections 103(1), and 109 of the Bharatiya Nyaya
Sanhita, 2023.
3. Applicant is a woman having two minor children and she is
indicted and accused of having committed the murder of her own son
aged 11 years and having attempted to murder her daughter who was
13 years old. The daughter's statement has been recorded and I have
perused the same.
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4. In so far as the crime regarding commission of murder of the
son is concerned, the evidence of the prosecution is circumstantial.
Though it is argued by the prosecution that the applicant had orally
informed her daughter that she was responsible for killing her son.
5. I have perused the entire material on record with the able
assistance of Mr. Jadhav and Ms. Newton, learned APP. Prima facie,
what I find from the witness statements that are recorded that because
of the behavior of the husband of the Applicant who used to consume
liquor every day and who used to behave irrationally, the Applicant
was extremely fed up and was driven to a point of such harassment
which is prima facie seen from the record that she had to take the
extreme step. Needless to state that this theory of the prosecution to
the extent of complicity of the Applicant in the crime will be proved at
trial. At the threshold for grant of bail, there is substantial material
placed on record to show the harassment meted out to the Applicant
and the penury in which the Applicant found herself to be living with
the two minor children. The Applicant is an educated woman having
studied up to D.Ed. (First Year) and the material placed on record
prima facie shows that she is a victim of circumstances having suffered
tremendous harassment and driven to a point of losing all hope in life
and most importantly thereafter having ultimately decided to commit
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suicide. It is in these circumstances that the Applicant was driven to
commit the unfortunate act.
6. The mother of the Applicant is present in Court. She has filed an
affidavit affirming and stating that she and her son who is the
Applicant's brother will take care of the Applicant post her release and
shall also endeavor to take care of the daughter who is presently in the
Children's Home with due passage of time. I have no reason to
disbelief the affidavit which has been filed after I have interacted with
the mother of the Applicant. I am, therefore, inclined to allow the
present Bail Application. Hence, Applicant is released on bail on the
following terms and conditions:-
(i) Applicant is directed to be immediately released on bail
from prison in connection with C.R. No. 74 of 2026;
(ii) Applicant is directed to be released on bail on
furnishing P.R. Bond of Rs. 10,000/- (Rs. Ten Thousand
only) with one or two sureties in the like amount;
(iii) Applicant shall report to the Investigating Officer at
Wagholi Police Station, once every month on the first
Sunday of the month between 10:00 a.m. to 12:00
p.m.;
(iv) Applicant shall co-operate with the conduct of trial and
attend the Trial Court on all dates, unless specifically
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exempted and will not take any unnecessary
adjournments, if she does so it will entitle the
prosecution to apply for revocation of this order;
(v) Applicant shall not leave the State of Maharashtra
without prior permission of the Trial Court;
(vi) Applicant shall not influence any of the witnesses or
tamper with the evidence in any manner;
(vii) Applicant shall keep the Investigating Officer informed
of her current address and mobile contact number
and / or change of residence or mobile details, if any,
from time to time, as applicable; and
(viii)Any infraction of the conditions shall entail cancellation
of bail granted to the Applicant.
7. Needless to state that the above observations will not come in
the way of trial as they are prima facie in nature based on the
submissions made and the material placed before this Court.
8. Bail Application is allowed and disposed of in the above terms.
Amberkar [ MILIND N. JADHAV, J. ]
Digitally signed
by RAVINDRA
RAVINDRA MOHAN
MOHAN AMBERKAR
AMBERKAR Date:
2026.09.30
14:49:23 +0530
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