1appln-3009-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION No. 3009 of 2010 Uma @ Gudiya Subhash Chitre .. .. Applicant. versus State of Maharashtra .. .. Respondent. Mr M. P. Mishra, for the Applicant. Mr K. V. Saste, A.P.P.,for the State. ------------ CORAM:- A.R. JOSHI, J. DATE :- 11TH AUGUST, 2010. P.C.:- 1. Heard rival submissions for some time on this bail application preferred by the woman-applicant arrested in C.R. No. I-73/2009 registered with Manikpur Police Station, Vasai for the offence punishable under Sections 302, 379 read with section 34 of Indian Penal Code. 2appln-3009-10 2. Allegedly, the incident occurred in between 4th and 5th March, 2009. On 4.3.2009, as usual Ratnakar, (hereinafter referred to as “the deceased” ) left his house for his job. On that night, till late hours, he did not return home. His family members did not immediately take any action to search him, as from office he used to return late. On the next day, also, when the victim did not return, enquiries were made. It was known to the family members that he is habituated drinker, take beer in certain shop and also take Chinese food from some "Chinese Food Corner". Visit was made to such Food Corner and after showing the photographs to the owner of the Food Corner, it was revealed that on the night of 4.3.2009 the deceased had visited the said Food Corner and had purchased food parcel. That time he was accompanied by one auto rickshaw driver and at that time according to the owner of the Food Shop, one woman was sitting in the auto rickshaw. Admittedly, there is no test identification parade even after the arrest of the present applicant and as such there is nothing to even prima facie accept that the present applicant was associated with the auto rickshaw driver and was in the company of the deceased on the relevant night. 3. In the present matter, after finding the dead body of the 3appln-3009-10 victim, first information report was lodged on 5.3.2009. Thereafter, trace of the present applicant was revealed on the basis of Sim card, which was found on the scene of offence, where the dead body was found. One mobile phone number was also found, written on some paper chit, and it was found in the pocket of the deceased. During the investigation police party could reach to different persons and also to the daughter of the deceased and since then they could reach to the Chinese Food Corner owner. Apparently, on revealing of the whereabouts of the present applicant, she was arrested on 12.3.2009. However, she was not put to identification in the present matter. Allegedly, at her instance, there was a recovery of mobile handset of China Make, but without any Sim card inside. So also, there is a recovery of gold chain. Allegedly, there is an identification of said articles and they are identified by the wife of the deceased. Significantly enough, such identification was done on 16.4.2009 and the entire procedure, as is required for identification of the accused person, was adopted by taking the dummy articles and such test identification parade was conducted by the Special Executive Magistrate in a close room. Whatever would be the evidential value of such type of identity, still, if it is accepted that such articles are found 4appln-3009-10 with the applicant, prima facie it may not lead to accept the involvement of the present applicant in the actual murder of the deceased. In other words, it can be said that prima facie it can be accepted that she was in possession of the stolen articles, if it is established that she was not the owner of the said articles. 4. All the same, without there being any other available prima facie material on record, during the pendency of the trial, the present applicant can be released on bail. More so, when there are no criminal antecedents reported by the police and there is no submission on the part of the Investigating Agency that the applicant is not the permanent resident of Dahisar. On the contrary, copy of the rationing card is produced along with the present application. 5. In view of the above, on imposing condition of attendance to police station, present applicant can be released on bail. In the result, the following order:- ORDER: (a) Bail application is allowed. (b) The applicant arrested in C.R. No. I-73/2009 registered with Manikpur Police Station,Vasai,shall be released on bail on executing a P.R. bond in the sum of 5appln-3009-10 Rs.15,000/- with one surety in the like amount. © On availing the bail the applicant shall attend concerned police station once in a week on every Sunday between 10-00 a.m., to 12.00 noon till conclusion of the trial. (d) Any observations made in this order shall not be construed as any finding or any expression of opinion on the merits of the case at the time of trial. Application is disposed of in above terms. (A.R.JOSHI,J) LRS-PA