IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRI.APPLICATION NO.1428 OF 200 CRI.APPLICATION NO.1428 OF 200 CRI.APPLICATION NO.1428 OF 2009 Smt.Ahilyabai Karbhari Sawle, .. Applicant Vs The State of Maharashtra, .. Respondent. Mr Sandesh D.Patil, for the applicant. Mrs S.D.Shinde, APP for the respondent. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. DATE : 21/04/200 DATE : 21/04/200 DATE : 21/04/2009 PC: PC: PC: 1. Heard learned counsel for the applicant and learned APP for the respondent. 2. The applicant is seeking bail in C.R.No.I-274 of 2007 of Ulhasnagar police station,Dist-Thane. The said crime has been registered against the applicant and two others for having allegedly committed an offence punishable under section 302 read with 34 of IPC. 3. It is the prosecution case that during the intervening night between 27th and 28th November, 2007, the present applicant and two others committed murder of one Madhav Gaikwad. Panchanand Khatwa and Deepbandhu Giri are the two eye-witnesses to the incident. Panchanand Khatwa, in his initial statement recorded on 28.11.2007, did not state anything about the alleged incident. However, in his supplementary statement recorded on 29.11.2007, he gave detailed description as to how the incident occurred. Similar is the statement of Deepbandhu Giri. Both the witnesses did not know the applicant, and they have stated that they came to know about the name of the applicant from the police. They both have stated that they had seen the applicant holding legs of the deceased and taking him behind the truck. Though the witnesses were not knowing the applicant, the prosecution failed to conduct test identification parade. The applicant is a woman. Further, it appears that the co-accused- Arjun Naik has already been released on bail. From the statements of the witnesses, it appears that the third accused played vital role in committing the murder of Madhav Gaikwad. Keeping that in view and considering overall facts and circumstances of the case, I am satisfied, that continuing detention of the present applicant is not necessary. Hence, the following order. . The applicant is directed to be enlarged on bail in the sum of Rs.15,000/- with one or two sureties to make up the said amount, subject to condition that the applicant shall report to the concerned police station every alternate Saturday between 10 am and 11 am till conclusion of the trial. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case uninfluenced by the observations made in this order. . The application is disposed of. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)