The Bombay High Court has granted bail to a woman accused of murdering her four-month-old daughter in 2021. The court observed that the accused has been in prison for nearly two years and the trial is not likely to commence soon.
Justice MS Karnik granted bail to 33-year-old Sapana Magdoom after she posted a personal bond of Rs 25,000.
Drowned daughter in water tank because of in-laws' pressure for son
A case was registered on November 3, 2021, at Kalachowki police station by the woman alleging that her infant was kidnapped by a hawker who had come to exchange vessel in place of old clothes. Upon further investigation, it was revealed that Magdoom drowned the infant as she was being pressured by her in-laws for a son. She already had an eight-year-old girl child then.
She alleged that her in-laws forced her to undergo two abortions in the interim period as they learnt that it was a girl child. She confessed that she had drowned the infant in their water tank and closed the lid. She then made up the story of a hawker kidnapping the infant.
Case based on circumstantial evidence, court observes
The police arrested her on December 2 the same year. Magdoom approached the high court after her bail plea was rejected by the sessions court on August 4, 2022. The high court granted her bail observing that the case against her was based on circumstantial evidence.
Additional public prosecutor Veera Shinde opposed the bail plea arguing that it was a serious case where the woman was responsible for the death of her daughter. However, Magdoom’s lawyer Satyam Nimbalkar argued that the only material against her was her own confession that she allegedly committed the crime as she was pressured for a son.
Charges not framed
Justice Karnik said he had gone through the statements of witnesses; and noted the trial is likely to take a long time to conclude as charge has not even been framed yet.
“The applicant is a woman. Any further custody of the applicant will only be by way of pre-trial punishment. There are no criminal antecedents reported against the applicant. The applicant can be enlarged on bail,” the court said.
The court has directed her to provide her contact details to the investigating officer and update him in case there was any change in the same. She has also been directed not to tamper with witnesses or evidence and not delay the trial court proceedings.
