1 1 1 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 CRIMINAL APPLICATION NO.4269 OF 2008 Taslima Shakil Shaikh .. Applicant. Vs. State of Maharashtra .. Respondent. Mr.Niranjan Mundargi for the applicant. Mrs.P.P.Shinde A.P.P. for the State. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 8TH DECEMBER, 2008. DATED : 8TH DECEMBER, 2008. DATED : 8TH DECEMBER, 2008. P.C.: . Heard learned counsel for the applicant and learned A.P.P. for the State. 2. The applicant is seeking bail in C.R.No.I-171 of 2008 of Nasik Road police station, Nashik. The said crime has been registered against the applicant and six others for having allegedly committed an offence punishable under sections 302, 452, 364, 323, 504, 506 and r/w 34 of IPC. 3. It is the prosecution case that the deceased - Prabhakar had taken loan of Rs.20,000/- from co-accused - Smt.Chandabai Sasane @ Chanda Ashok Kohkhar. At the time of giving the loan Chandabai took the signature of Prabhakar on five blank documents as well as on stamp papers. Thereafter she 2 2 2 demanded Rs.50,000/- from Prabhakar. She started stating that Prabhakar should pay Rs.1,00,000/-. Chandabai was constantly insisting that Prabhakar should pay back the said amount of Rs.1,00,000/-. On 1.4.2008, Chandabai and other accused including the present applicant went to the house of Prabhakar. There it is alleged that Chandabai started abusing and assaulting Prabhakar. Thereafter all the accused put Prabhakar in the White car in which they had gone there. Thereafter, Prabhakar was taken to one other place. The witness - Sunita has stated that there was quarrel between Chandabai and other accused and Prabhakar. Suddenly she saw that Prabhakar was missing and all the accused were standing near the well and looking inside. When she also looked inside, she saw that Prabhakar was in the well and he was drowning. Thereafter one of the co-accused i.e. Jaffar Shaikh took Prabhakar out of the well. They told Sunita that they were taking Prabhakar to hospital. Thereafter Prabhakar came to be thrown outside Arihant Hospital and the accused persons drove away in the Indica car. The number of the car was noticed by Dr.Sunil in the hospital and he informed the police. On examining Prabhakar the Doctor found that he was dead. Looking to the nature of allegations it is clear that the allegations are mainly against co-accused - Chandabai. There is no 3 3 3 specific role assigned to the present applicant and it appears that she is named as one of the accused persons who accompanied Chandabai. Having considered overall facts and circumstances of the case I am inclined to enlarge the applicant on bail. Hence the following order: . The applicant to be released on bail in the sum of Rs.25,000/- with one or two sureties to make up the said amount subject to condition that the applicant shall report to the concerned police station on every Saturday between 9 and 10 am till conclusion of the trial. The cash bail for a period of 15 days is allowed. The application is disposed of. . 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 without being influenced by the observations made in this order. (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)