1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 55 OF 2009 Smt. Sakhubai Suresh Jadhav ...... Applicant. V/s The State of Maharashtra ....... Respondent. ------- Mr. Manoj J. Bhatt for the applicant. Mrs. M.H. Mhatre, APP for the State. ------ CORAM : V.M. KANADE, J. DATE : 9th January, 2009 P.C: 1. Heard the learned Counsel for the applicant and the learned APP for the State. 2. Applicant who is 45 years of age is alleged to have killed her husband with a sickle. Prosecution case is that her husband was an alcoholic and there were frequent quarrels between husband and wife. On one occasion, according to the counsel appearing on behalf of the applicant, the husband tried to assault the applicant with a sickle and in the said process the deceased received certain injuries on his throat. Applicant, admittedly, took her husband to the hospital. However, he succumbed to the injuries. Charge-sheet has been filed. There are two children out of the said marriage. The conduct of the applicant discloses that she immediately took her husband to the hospital and, therefore, the said incident appears to have happened in the spur of moment. Applicant is a lady and, therefore, some leniency has to be 2 shown to her. Even otherwise, prima facie, provisions of section 302 are not attracted in the present case. 3. Applicant, therefore, be released on bail in the sum of Rs 5000/- with one or two sureties in the like amount. Applicant shall report to concerned Police Station if required by the police. 4. Trial Court shall not be influenced by the observations made by this Court while deciding this application for bail and shall decide the trial on its own merits. 5. Application is disposed of. (V.M. KANADE, J.)