HC grants bail to Chembur woman who killed husband in self-defence | Mumbai news - Hindustan Times
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HC grants bail to Chembur woman who killed husband in self-defence

BySahyaja MS
Jun 18, 2024 06:06 AM IST

Bombay HC grants bail to woman convicted of killing husband with a hammer in 2020, citing completion of significant sentence and having teenage daughters.

MUMBAI: The Bombay high court (HC) has recently granted bail to a woman who was convicted of killing her husband with a hammer in 2020. The court noted that she had two teenage daughters and had already completed a significant part of her sentence.

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The applicant, Vaishali Ashok Bhakare, a Chembur resident was convicted by the sessions court in Mumbai for culpable homicide not amounting to murder under section 304 (I) of the Indian Penal Code. She was sentenced to seven years of rigorous imprisonment and fined 5,000. Bhakare was originally charged with murder under section 302 of the IPC.

The case stemmed from a strained relationship between Vaishali and her husband, Ashok Bhakare, who lived in separate apartments in the same building in Chembur. Ashok, who was unemployed and addicted to alcohol, frequently harassed Vaishali and their two daughters. On the night of September 6-7, 2020, a heated argument ensued between the couple, leading Vaishali to assault Ashok with a hammer and subsequently smother him with a pillow. After the incident, she called the police and surrendered herself.

During the trial, it was revealed that the quarrel between Vaishali and Ashok had escalated, with Ashok allegedly trying to assault her and their daughters while wielding an iron pipe. The court concluded that Vaishali acted under grave and sudden provocation, downgrading the charge from murder to culpable homicide not amounting to murder.

Vaishali’s counsel argued that she had already served a substantial portion of her sentence, amounting to three years and nine months, and highlighted that the evidence could support a case of self-defence. The prosecution also acknowledged the circumstances, suggesting that bail could be granted.

Considering the facts and the evidence presented, justice Sarang V Kotwal ordered Vaishali’s release on a personal bond of 30,000, with one or two sureties in the like amount. The court noted that she had two teenage daughters and had already completed a significant part of her sentence. The bail will remain in effect pending the final disposal of her appeal.

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