Bombay High Court: In an application filed seeking bail against FIR registered for the offense punishable under sections 317, 302, 201 of Penal Code, 1860, M.S. Karnik J., granted bail to the petitioner on furnishing P.R. bond in the sum of Rs 10,000/- with one or more sureties of the like amount.

The applicant is working as a housemaid and has been in custody for more than 2 years and 1 month. after throwing her newborn baby from the top of the building. It was alleged that the applicant threw her newborn baby from the top of the building as she was upset with her husband for having illicit relations with another woman.

The Court noted that no purpose will be served by prolonging the custody of the applicant, a woman any further. The possibility of the trial commencing any time soon is remote.

Thus, the Court granted bail to the mother on furnishing a personal recognizance bond in the sum of Rs 10,000/- with one or more sureties of the like amount for a period of 4 weeks in lieu of surety.

[Dimple Sunil Warthe v. State of Maharashtra, 2022 SCC OnLine Bom 6398, decided on 28-11-2022]


Advocates who appeared in this case :

Mr. Shriganesh S. Sawalkar a/w Ms. Mumtaz Mulla a/w S. Shinde a/w Mr. Rahul Bhise for the Applicant;

Mr. S.H. Yadav APP for respondent. Mr. Bharat Rane, PSI, Kandivali Police Station.

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