- 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 65 OF 2008 Mrs. R. S. Avtade & Anr. Applicants vs. The state of maharashtra Respondents Mr. Ashok Misal i/b Mrs. Revati Mohite-Dhere, Advocate for the applicant. Mr. K. V. Saste, Advocate for the respondent. CORAM : D. G. KARNIK, J. DATE : MARCH 11, 2008. PC 1. Heard. By this application, the applicnts are seeking bail in connection with the C.R. No. 1/2007, registered with Mandrup police Station, Solapur for the alleged offence punishable under section 302, 147, 148, 149 of Indian Penal Code and 135 of the Bombay Police Act. 2. The prosecution case, in short, is that there is a land dispute between the complainant’s party with the applicants’ party. The applicants’ group claims right of way over the land bearing Gat No. 237 belonging to complainant. On 1st January 2007 when the complainant was - 2 - watering the field, the applicant along with Dipak Nivrutti Hajare and others came to the field of the complainant in a tractor. The complainant and his father objected to the passing of the tractor through their land. The male members in the applicant’s party who were carrying swords assaulted the complainant and his father with the swords. Janabai, sister of the complainant tried to rescue the complainant and his father. At that time the present applicants who are ladies assaulted Janabai with sticks and prevented her from rescuing the complainant and his father. The complainant and his father were injured. Complainant’s father subsequently succumbed to the injuries. Complainant lodged FIR which was initially recorded for an offence punishable under section 307 of I.P.C. Subsequently on death of the father of the complainant the offence was registered under section 302 of Indian Penal Code. 3. Learned counsel for the applicant submitted that applicants are ladies and were not carrying swords but were allegedly carrying only wooden sticks. Taking into consideration that they are ladies and they were not carrying swords, they deserve to be granted bail. Learned counsel further submitted that members of the applicants’ party were also injured and they have a good case of self-defence, and therefore also they are entitled to - 3 - bail. 4. Though the applicants are ladies, they were carrying weapons of assault viz. sticks and they assaulted Janabai with the sticks, who was trying to ward of the deceased from the attack. Thus, applicants were not only participants in the attacking group but also prevented the rescuing of the deceased who could have otherwise been saved. Thus, applicants are prima-facie guilty. Prima-facie there was a common intention between all the members of the assaulting party in the attack. 5. Learned APP also pointed out that the applicants were absconding immediately after the incident and was only after proclamation was issued that they surrendered. Learned APP submits that there is possibility of the applicants absconding, if enlarged on bail. 6. The offence charged is a serious offence punishable with death or imprisonment for life. There are eye witnesses to the crime. Son of the deceased, who was also injured is one of the eye witnesses. There are also independent eye witnesses to the crime. In the circumstances, prima-facie material on record connects the applicants to the crime. - 4 - 7. Taking into consideration the prima-facie evidence regarding the culpability of the applicants and also gravity of the offence which is punishable with death or imprisonment for life and also conduct of the applicants in absconding immediately after the incident, in my view they are not entitled to bail. 8. The applicants had previously applied for bail to the Session Judge. That application has been rejected interalia on the ground that the trial was likely to commence soon. 9. For the reasons mentioned above the application is rejected. It is made clear that the observations herein are only prima-faice. The learned Session Judge shall not in any way be influenced by them at the time of trial. [ D. G. KARNIK, J.]