( 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. 928 of 2008 (For Bail) Mrs Nasim Bano Afzal Khan ..Applicant. Vs. The State of Maharashtra ..Respondent. Mr P. M. Chakurkar, Advocate for the Applicant. Ms P.P.Shinde, A.P.P. for the State-Respondent. CORAM : V.C. DAGA, J. CORAM : V.C. DAGA, J. CORAM : V.C. DAGA, J. DATED : 30.04.2008. DATED : 30.04.2008. DATED : 30.04.2008. P.C.:- P.C.:- P.C.:- 1. Heard the learned counsel for the applicant-accused and the learned APP for the State. 2. Perused application and the material available on record. 3. The applicant arrested in C.R. No. I-25 of 2007 registered with Daighar Police Station, Thane, for the offence punishable under Sections 328, read with Section 34 of the I.P.C., and under Sections 4 and 5 of the Prevention of ( 2 ) Immoral Traffic Act is seeking bail under Section 439 of the Cr.P.C. 4. The learned counsel for the applicant submits that the charge sheet has already been filed. Investigation is over. The applicant is in jail since 30-11-2007. The learned A.P.P. though opposed this application could not take her submission to the logical end. The offence alleged to have been committed is under section 328 of the Indian Penal Code. Assuming that there is some evidence against the applicant for the offence committed, no useful purpose would be served by continuing her custody since the investigation has already been over. 5. In the above view of the matter, the applicant would be entitled for bail on following terms and conditions. a] The applicant, arrested in connection with C.R. No.I-25 of 2007 with the Daighar Police Station,Thane be enlarged on bail in the sum of Rs.25,000/- with ( 3 ) one local surety to make up the said amount. b] The applicant shall report to the concerned Police Station,once in a week i.e. on every Friday between 4.00 to 5.00 p.m. till conclusion of the trial. c] The order of bail will be given effect only after the applicant furnishes to the Investigating Officer the details about her place of residence and address where she proposes to stay after he is enlarged on bail. The applicant will not change his residential address thereafter till the conclusion of trial without prior intimation to the Investigating Officer. d]The applicant shall not directly or indirectly, make any inducement or threat or pressurise any prosecution witnesses and shall not in any manner tamper with the prosecution evidence. ( 4 ) e]The applicant shall co-operate with the Trial Court for disposal of the case. It is needless to mention that breach of any of the conditions by the applicant shall result in cancellation of bail. f] Any observation made in this order shall not be construed as finding or expression on merits of the case at the time of trial. 6. Application stands disposed of accordingly. (V.C. DAGA,J.) (V.C. DAGA,J.) (V.C. DAGA,J.)