1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO. 297 OF 2010 IN CRIMINAL APPEAL NO. 138 OF 2010 SARABI DASTAGIR SHAIKH .. .. APPLICANT VERSUS THE STATE OF MAHARASHTRA .. .. RESPONDENT Mr. Milind Deshmukh for the applicant Ms. P.H. Kantharia, APP CORAM: SMT. RANJANA DESAI & SMT. V.K. TAHILRAMANI, JJ. DATED: 18th June, 2010 P.C. The applicant is original accused 2. She was tried along with one Salim Shaikh, original accused 1 by the Adhoc Additional Sessions Judge, Solapur in Sessions Cases No. 61 of 2009 and 227 of 2009 for offence punishable under Section 302 read with Section 34 of the IPC. By the impugned judgment and order, the applicant has been convicted for offence 2 under Section 302 read with Section 34 of the IPC and sentenced to life imprisonment. Her appeal is admitted. This is her bail application. 2. Accused 1 Salim Shaikh is the step-son of the applicant. It is alleged by the prosecution that in the night between 10/10/08 and 11/10/08, the applicant along with her step son accused 1 killed deceased Dastagir in their residential house. 3. We have heard learned counsel for the applicant at some length. He submitted that there is no credible evidence against the applicant to substantiate the case of the prosecution. Almost all witnesses have turned hostile. Counsel submitted that in the circumstances, the applicant be released on bail. 4. It appears that the applicant herself went to the police station and informed the police about the incident. According to her on 10/10/08 she was sleeping in the hall. Accused 1 also was sleeping in the same hall. Accused 1 told her that he would watch TV. He, therefore, went inside the room where the deceased was sleeping. According to the applicant in the night at about 2 a.m. she went inside the room. She found that accused 1 was fighting with the deceased over money. Accused 1 told her that she 3 should leave the room. The deceased was sleeping on the cot. Thereafter accused 1 told her that she should hold both the hands of the deceased. She then held the left hand of the deceased and accused 1 assaulted the deceased with a blade on his neck. He also assaulted the deceased on his right wrist. Blood started oozing out of the neck of the deceased. According to the applicant accused 1 then asked her to go outside and sleep. She then went to the hall and slept. According to her in the morning she went to the room of her husband i.e. the deceased and found that he had succumbed to the injuries and accused 1 had left the room. According to her she then informed her neighbours about the incident and the neighbours told her to inform the police. She accordingly went to the police station and lodged her complaint. On the basis of this statement the police registered the offence and investigation was set into motion. 5.. We have carefully perused the evidence on record. We find that a number of witnesses have turned hostile. Apart from the statement of the applicant recorded by the police and the fact that the bloodstains on her clothes were of the same blood group as of that of the deceased, prima facie there is no other evidence on record to indicate the involvement of the applicant. 4 6. So far as the present applicant is concerned, in our prima facie opinion, she appears to have been forced by her step son accused 1 to help him to achieve his target of killing his father. It is pertinent to note she was directed to leave her the room by accused 1, then he asked her to hold the hands of the deceased, then he asked her to go outside and sleep. This prima facie indicates that she was forced to be part of the attempt to kill the deceased. It is also pertinent to note that accused 1 was absconding and was arrested only on 1/6/09 whereas the applicant reported the matter to the police. The applicant is a woman and is 55 years old. In the circumstances of the case, therefore, in our opinion, she should be released on bail. Hence the following order: Applicant Sarabi Dastagir Shaikh is ordered to be released on bail in the sum of Rs.10,000/- with one or two sureties to make up the amount. Application is disposed of. (SMT. RANJANA DESAI, J.) (SMT. V. K. TAHILRAMANI, J.)