IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO.2204/2009 (Latabai Kakharam Salve..vs.. State of Maharashtra) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---------------------------------------------------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -------------------------------------------------------------- - -- CORAM : S.R.DONGAONKAR, J. DATE : 9 th JULY, 2009 Heard Shri Kalwaghe, Advocate, for the applicant and Shri Mujumdar, APP, for respondent State. This is an application under Section 439 of Cr.P.C for grant of bail. The applicant is a lady, who is stated to be the mother- in-law of the deceased. The offence alleged against the applicant is one under Section 302 r/w Section 34 of the I.P.C. The learned counsel for the applicant pressed into service the statements of the witnesses Indubai Ingle, Gajanan Tayade, Vinayak Savle, Murlidhar Misal & Fakira Jadhav, which are the statements recorded during the course of investigation by the I.O and supplied to the accused/applicant along with the charge sheet, to claim benefit. Learned APP has tried to contend that there is a possibility of suicidal death. According to him, the deceased was in the house of the applicant. The dead body was found in the sitting condition. The learned trial Judge after considering all the statements filed along with the charge sheet has come to the conclusion that the applicant can not be granted bail. Precisely, according to the learned trial Judge, the offence under Section 302 of the I.P.C is made out agianst the applicant. On perusal of the statements of the above persons, it would be seen that it is the case of these witnesses that the applicant (Lata) was in the Health Centre on 3.2.2009, atleast from afternoon and in the night. It therefore negatives the case of the prosecution that the applicant might be present on the spot of incident. Learned trial Judge though observed that he has minutely perused the charge sheet, statement of witnesses, Panchnama and other papers, does not refer to the above statements to indicate his opinion that these statements may not be correct. The contention in this behalf of the applicant was referred by him, but it does not seem to be suitably examined. Here also, the learned APP is unable to point out the material by which it can be inferred that these persons must have made false statements to the I.O. Considering this fact, the applicant can not be denied bail. Applicant be released on bail on furnishing surety and P.R. Bond of Rs.25,000/- subject to conditions that she shall not directly or indirectly tamper with the prosecution evidence and shall attend the trial regularly. Bail in trial Court. Application disposed of. JUDGE SMP