APPA. 1131-11 - 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 1131 OF 2011 IN CRIMINAL APPEAL No. 1117 OF 2011 Neelam Vijaykant Shrivastav ... Applicant Vs. The State of Maharashtra ... Respondent *** Mr. N. B. Khan, for the Applicant. Mr. K. V. Saste, APP for the Respondent. *** CORAM : V. M. KANADE, & A. M. THIPSAY, JJ. DATE : OCTOBER 17, 2011 PC: 1. Heard the learned counsel appearing on behalf of the applicant and the learned APP appearing for the respondent-State. The applicant has been convicted for the offence punishable under Section 302 of the Indian penal Code and sentenced to suffer rigorous imprisonment for life. 2. The prosecution case is that applicant killed the deceased by throttling her and thereafter disposed of her body. The prosecution has relied on the confessional statement and submitted that even if the confessional statement is accepted, even then offence under Section APPA. 1131-11 - 2 - 302 of I.P.C. is not made out, since in the confessional statement, the applicant has stated that there was scuffle and she has received some injuries and deceased fell down and broke her neck. It is further submitted that the confessional statement was lateron retracted. Taking into consideration the aforesaid facts and the fact that the applicant is a woman and the other co-accused have been acquitted, the applicant deserves to be released on bail. 3. The applicant is directed to be released on bail, on execution of P.R. bond in the sum of Rs. 10,000/- with one or two sureties in the like amount. She shall report to the concerned police station once in a month. [A. M. THIPSAY, J.] [ V. M. KANADE, J.]