1 Criminal Application No.29/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.29 OF 2011 Ramdas s/o Pannalal Kadel & ors. ... APPLICANTS VERSUS The State of Maharashtra ... RESPONDENT ..... Shri N.S. Ghanekar, Advocate for the applicants Shri N.B. Patil, A.P.P. for respondent, assisted by Shri B.R. Warma, Advocate for original complainant ..... CORAM : K.U. CHANDIWAL, J. DATE : 14th February, 2011 PER COURT : 1. Heard Mr. Ghanekar, learned counsel for the applicants and Mr. Patil, learned A.P.P. On instructions, Mr. Ghanekar withdraws the present application for accused/ applicants 1 and 2. Permitted. Disposed of as withdrawn insofar as applicants 1 and 2 are concerned. 2. So far as accused/ applicant No.3 Saraswatibai w/o Pannalal Kadel is concerned, the learned counsel submits, she is 62-64 years old, not keeping well, she may not survive till the fate of the trial and to her credit, there are several diseases which have made her life miserable. 2 Criminal Application No.29/2011 3. In order to ascertain whether indeed the applicant/ accused No.3 Saraswatibai is not keeping well, learned A.P.P. had a direct communication with the Jail Superintendent Mr. Sable, upon which the Jail Superintendent informed that, the applicant Smt. Saraswatibai is ill and on occasions, complains of head ache, she finds it difficult to move/ walk and with difficulties she attends the Court proceedings. 4. I quite see that the matter is at the fag end as 10 witnesses have been examined and few of the prosecution witnesses are left while the defence has to examine 4-5 witnesses. The sole eye witness, the child Ganesh, aged 6 years, in first part of his evidence, has implicated the accused/ applicant with specific role in the manner he could suggest and convey the message. The learned counsel for the accuse/d applicant though invited my attention to the elaborate cross-examination, at this stage, it is not open for this Court to dissect worth of such cross-examination to certify that the accused/ applicant Saraswatibai is altogether an innocent lady in the sad demise of Chandrani at her matrimonial home, where she was set ablaze allegedly by accused/ applicant No.3 Saraswatibai and the other accused/ applicants. At this stage, to repeat, considering her ill-health and as least chances of her absconding being apparent, she is released on bail. Hence order : 3 Criminal Application No.29/2011 O R D E R 5. The accused/ applicant No.3 Smt. Saraswatibai w/o Pannalal Kadel be released on her furnishing P.R. bond and surety in the sum of Rs.15,000/- (Rupees fifteen thousand) to the satisfaction of learned Sessions Judge. 6. The accused/ applicant shall not influence the witnesses, shall not enter the vicinity of Sonai and Newasa Taluka and communicate her address of residence to the investigator and also to the learned Sessions Judge. The accused/ applicant No.3 Saraswatibai shall surrender her passport, if any. Application partly allowed. 7. Needless to add, the learned Sessions Judge shall scrupulously adhere time schedule and will not entertain luxury accommodation to either the Special P.P. or the learned counsel representing the accused. K.U. CHANDIWAL JUDGE fmp/cri29.11