cr-appa-1332-11.doc jdk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI. APPLICATION NO. 1332 OF 2011 IN CRIMINAL APPEAL NO. 364 OF 2007 1. Sangita Sudam Handore 2. Parighabai Kachru Handore ..Applicants Vs. The State of Maharashtra Through the Vavi Police Station, Taluka Sinnar, Dist. Nashik ..Respondent Mr. A.P.Mundargi Senior Counsel with Ms. Smita Gaidhani for the applicants Mrs. R.M.Gadhvi A.P.P.for the State CORAM : S.A.BOBDE AND SMT. V.K.TAHILRAMANI, J J. RESERVED ON : NOVEMBER 29, 2011. DECLARED ON : DECEMBER 05, 2011. P.C.[PER SMT. V.K.TAHILRAMANI,J.]: 1. Heard the learned Senior Counsel for the applicants-original accused nos. 3 and 5 and the learned APP for the State. 2. The applicants along with three others have been mainly convicted under Section 302 of IPC for causing death of Tavba. It is the prosecution case that all of them have committed murder of Tavba. The applicants are now seeking bail. 1 cr-appa-1332-11.doc 3. Mr. Mundargi submitted that both the applicants were on bail during the trial and they have not misused the liberty granted to them. This statement has not been controverted by the prosecution. It is an admitted position that there is no recovery at the instance of any of the present applicants. 4. The incident in question occurred on 19.8.2005 on account of a land dispute between the deceased and the original accused no.2 Madhav, original accused no.4 Kachru and orignial accused no.2 who were real brothers of deceased Tavba. The applicant no.2 Parighabai is the wife of original accused no.4 Kachru and applicant no.3 Sangita is the wife of original accused no.1 Sudam. 5. Both the applicants are ladies. Mr. Mundargi submitted that accused no.5 is about 55 years of age and accused no.3 is a young lady of about 28 years of age and she has two minor children i.e. one son and daughter aged about 11 years and 12 years. Earlier Sangita's parents were looking after the children but now they are unable to look after the children on account of old age and illness. The prosecution has not disputed the genuineness of the certificates showing the ailments. From the record, it is observed that the main role has in fact, been played by accused nos. 1 and 2. 6. Looking to all the above facts and especially the fact that 2 cr-appa-1332-11.doc both the applicants are ladies, we are inclined to grant bail to the applicants. Hence, the following order: O R D E R (A) Applicant no.1-Sangita Sudam Handore and applicant no.2- Parighabai Kachru Handore be released on bail in the sum of Rs. 25,000/- each (Rs. twenty five thousand each) with one or two sureties to make up the said amount. (B) Both the applicants shall attend the concerned police station once in a month till the disposal of the appeal. (C) Application is disposed of in above terms. [ SMT. V.K.TAHILRAMANI,J.] [ S.A.BOBDE, J. ] 3