FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders 14 CRIMINAL APPLICATION NO. 4424 OF 2011 KASABAI HIMATRAO GAVHANE VERSUS THE STATE OF MAH ... Advocate for Petitioner(s) : Mr. Godsay Satish M. APP for Respondent(s): Mr. G.R.Ingole. ... CORAM : SHRIHARI P. DAVARE, J. Dated: October 20, 2011 ... 1. Perused investigation papers, which were made available for the inspection purpose, as well as heard learned respective counsel for the parties, finally. 2. This an application preferred by the applicant seeking regular bail in connection with Crime No.68/2011, registered with Sengaon Police Station, District Hingoli for the offences punishable under sections 307, 498-A, 323, 504 r/w 34 of Indian Penal Code. 3. It appears that crime has been registered on the basis of the complaint lodged by the complainant namely Sharda Bhagwat Gavhane on 3.8.2011. It is alleged therein that she married with Bhagwat Gavhane in the year 2006, a daughter aged about three years has been born out of the said wedlock. There are allegations that initially she was treated well by the in-laws, but subsequently, the applicant who is mother-in-law of the said victim and husband and other in- FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders laws started ill-treating her contending that she was not fair looking and also unlawful demand of money of Rs.1 lac was made from her to be brought by her from her parental house for agricultural purpose and due to non fulfillment of said demand, she was subjected to mental and physical ill- treatment and cruelty. It is further alleged that on 3.8.2011, since the unlawful demand of money was not complied with by the victim Sharda, repeated demands were made to her by her in-laws including the applicant, and her husband assaulted her and the applicant herein poured rockel on her person from the drum, caught hold of her both the hands and her husband went running and brought the match box and set her ablazed. There upon, the victim Sharda shouted and ran out of the house and therefore, the neighbourers poured water on her person and extinguished the fire. 4. Admittedly, the application for anticipatory bail preferred by the applicant was rejected by this Court on 16.9.2011 and thereafter, the applicant came to be arrested on 19.9.2011 and since then, she is in jail except the police custody remand. 5. It was pointed out that husband of the victim namely Bhagwat Gavhane has been also enlarged on bail by the learned Sessions Court on 3.9.2011 and learned counsel for the applicant submitted that role attributed to the applicant herein and the co-accused husband Bhagvat Gavhane is FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders almost on the similar footing and therefore, the applicant also deserves to be enlarged on bail on the principle of parity. 6. It appears from the contents of the First Information Report that, although the applicant herein initiated the act during the occurrence of incident on 3.8.2011 and poured rockel on the person of the victim from Drum and caught hold of both the hands and facilitated the further act, but the husband Bhagwat went running and brought match box and set her ablazed and concluded the said act. In fact, apparently both husband and mother-in-law are the responsible for the commission of said offence and since, the husband of the victim has been enlarged on bail by the learned Sessions Court, the applicant is also entitled to be released on bail on principle of parity. 7. Besides, the applicant is in custody since last more than one month and she was available for investigation purpose sufficiently. Moreover, the applicant is a woman about 62 years, and hence, the proviso of Section 437 (1) of Code of Criminal Procedure also deserves to be invoked. Hence, present application is required to be allowed on certain conditions :- 8. In the result, present application is allowed and it is directed that applicant Kasabai Himatrao Gavhane, be released on bail, in connection with Crime No.68/2011, registered with Sengaon Police Station, District Hingoli, on FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders furnishing P.R. Bond in the sum of Rs.15,000/- with one surety in the like amount, on the following conditions :- i) After release on bail, the applicant shall reside at Hingoli and shall not enter into village Mhalsapur Tq. Sengaon and Khudaj Tq. Sengaon till filing of the charge sheet. ii] The applicant shall give attendance before the concerned Investigator once in a week i.e. on every Saturday between 03.00 p.m. to 5.00 p.m., till filing of the chargesheet and shall cooperate in the investigation. iii] The applicant shall not influence upon the witnesses, and/or tamper with the prosecution evidence, directly or indirectly, in any manner, what so ever. 9. Present application stands disposed of finally. 10. The above observations are primafacie in nature, same may not be used in any other matter, being decided on merits. ( SHRIHARI P. DAVARE, J. ) aaa/- ***