1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (BA) NO.132/2011 (Sau. Rekha Sukhdeorao Rawale .vrs. State of Maharashtra) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. S.V. Sirpurkar, Advocate for applicant, Mr. D.P. Thakre, APP for non-applicant/State. .......... CORAM : P.D. KODE, J DATED : APRIL 07, 2011 Heard. By the present application, the applicant arrested in connection with Crime No.228/2010 registered with Police Station, Chandur Bazar for commission of offences under sections 307, 302 r/w 34 of Indian Penal Code, has prayed for bail. The prayer for bail is mainly pressed on the ground that the main prosecution material i.e. dying declaration of the victim does not disclose that crucial act of setting the deceased on fire was committed by the present applicant. It is urged that the said dying declaration also reveals that prior to occurrence of incident in question the quarrel has taken place in between the members of said family. It is urged that having regard to the said aspect, the case of the 2 applicant is on par with co-accused Vinod, who has been released on anticipatory bail. It is urged that merely because the applicant had not been to the hospital along with Vinod and his wife while taking victim for treatment, the same may not be construed as a circumstance against the applicant, having age of applicant being 60 years and her son and daughter-in- law had already taken victim for treatment. It is urged that the prosecution say does not disclose that the applicant had resisted them for taking victim for treatment for injuries sustained. It is thus contended that considering all said circumstances, prima facie they are not indicative of the applicant being guilty for offences punishable with death and imprisonment for life. The said submissions of the learned counsel for the applicant are prima facie found in consonance with the material contained in the charge sheet and so also the order of anticipatory bail passed in favour of co-accused Vinod to which attention was invited. Having regard to the said aspect and having regard to the fact that the applicant is a woman, the prayer for bail will deserve consideration, subject to imposing strict conditions and seeking heavy bail for securing her presence for the purpose of trial. The applicant is directed to be released on bail in connection with said crime upon furnishing P.R. Bond in the sum of Rs.1,00,000/- (Rs. One Lac only) with two separate solvent sureties in the like amount and subject to the conditions that applicant - (i) shall attend the I.O. of Chandur Bazar Police Station in between 11.00 am and 2.00 pm as and when 3 required by the I.O. for the purposes of investigation by giving summons. (ii) shall stay at the address mentioned in the application and shall not leave the same without the permission of the trial court, (iii) shall not indulge in any activity of tampering prosecution evidence and/or indulge in any activity of hampering the progress of the trial, (iv) shall not commit any offence while on bail. The application stands disposed of. JUDGE Gulande