skt/- 1 15.appln.3442.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3442 OF 2010 Rekha Haribhau Sonavane ... Applicant Vs. The State of Maharashtra ... Respondent ...... Mr.Prashant Patil with Mr.Praveen Padave for the applicant. Mr.K.V.Saste for the respondent-State. ...... CORAM : A.R.JOSHI, J. DATE : 12TH AUGUST, 2010. P.C. 1 Heard the rival submission for sometime on the application for regular bail preferred by the women accused for her release on bail during the pendency of the Sessions case for the offences punishable under Section 302 r/w. Section 34 of the Indian Penal Code. 2 The incident of alleged assault on the deceased person took place on the night between 16th and 17th February 2010. There are two eye witnesses who take the name of the present applicant along with two other co-accused remaining on the spot and assaulting the deceased. It is not mentioned by said witnesses that the applicant was holding any weapon or even a stick. It is further in the statement of the said witnesses skt/- 2 15.appln.3442.10.sxw that the main accused used a stick to assault the deceased on his head. In fact, on the same night, the present applicant and other co-accused both the women took the injured deceased to the hospital. Another woman co- accused is the wife of the deceased and it is alleged by the witnesses and even the first informant that said woman co-accused, wife of the deceased had illicit relations with the main accused no.1. The First Information Report was lodged on 23rd February 2010 after about seven days from the incident. On the same day, the deceased succumb to the injuries while taking treatment in the hospital. 3 The investigation is already over and chargesheet is filed. The cause of death as per the advanced death certificate shown to the Court is “Death due to complications followed by head injuries”. 4 Considering the above material prima facie available and considering the only role assigned to the present applicant as to remain present and assaulting the deceased, probably by hands and not using any weapon and considering that applicant is in custody since February 2010, she can be released on bail on certain conditions. Hence order : skt/- 3 15.appln.3442.10.sxw O R D E R [i] Criminal Application No.3442 of 2010 is allowed and accordingly disposed of. [ii] The applicant - Ms.Rekha Haribhau Sonavane shall be released on bail on her executing a P.R. bond in the sum of Rs.15,000/- (Rs. Fifteen Thousand Only) with one surety for the like amount. [iii] After availing of the bail, as above, the applicant shall attend the Chaturshringi police station on every Wednesday between 10:00 a.m. to 12:00 noon till the conclusion of the trial. [ A.R.JOSHI, J.]