Bombay High Court grants bail to woman accused of burning niece for spending ₹10 on chocolates

The Bombay High Court recently granted bail to a woman accused of burning her seven-year-old niece after the child spent 10 rupees on chocolates out of the 50 rupees she was given to buy groceries [Vandana Mahadev Kale v. State of Maharashtra]..A bench of Justice SG Dige observed, "The applicant is behind bar for more than 4 years and 6 months, yet there is no progress in the trial. She is in jail with her 7 year old daughter. Considering the incarceration period of the applicant, her further detention is not required." .On September 28, 2020, the accused Vandana Kale allegedly gave her niece 50 rupees to purchase chicken and liver. Upon the child's return, it was discovered she had used 10 rupees for chocolates, which reportedly angered Kale.The prosecution alleges that Kale then restrained the child by tying her hands and legs, silenced her by stuffing a handkerchief into her mouth, and used a hot spoon to inflict burn injuries on the child’s thighs and private areas.The child’s paternal aunt, who was her guardian after her mother’s death, filed a police complaint after a neighbour reported the child was unable to walk due to severe injuries.Kale faced charges under the Indian Penal Code, the Protection of Children from Sexual Offences (POCSO) Act, and the Juvenile Justice Act..The investigation revealed that the charges were primarily based on circumstantial evidence, as there were no direct eyewitnesses.Kale was arrested in October 2020 and placed in judicial custody. Her initial bail application was rejected by the Special POCSO Judge at Dindoshi, Mumbai, prompting an appeal before the Bombay High Court..Kale’s lawyer argued for her release, emphasising that she has been in custody for over three years without progress in the trial. Further, he highlighted her role as the primary caretaker for her four minor children, including a daughter in jail with her.The prosecution opposed the bail, citing medical evidence supporting the cruelty claims and the potential risk of Kale threatening the victim or witnesses. .The High Court granted bail to Kale, noting her period of incarceration and the fact that she was in jail with her young daughter. The Court also said that the investigation was completed the charge sheet filed, and that Kale did not have a prior criminal record..Advocate Shriganesh Sawalkar appeared for Kale.Additional Public Prosecutor Poonam P Bhosale appeared for the State.Advocate Yugandhara Khanwilkar represented the complainant..[Read Order]