(1) CRI. APLN. 5004.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 5004 OF 2010 Ranjanabai Sahebrao Kale, Age : 65 years, Occu.: Nil, R/o. Dhanegaon, Tal. Jamkhed, Dist. Ahmednagar Applicant (Ori. Accused) VERSUS The State of Maharashtra Respondent ..... Mr. U.S. Malte, Advocate for the Applicant. Mr. N.H. Borade, A.P.P. for the Respondent/State. ..... CORAM : V.R. KINGAONKAR, J. DATED : 23RD DECEMBER, 2010 ORAL ORDER:- 1. The Application is for bail. The applicant is arrested in connection with crime no. I-235 of 2010 registered at Jamkhed Police Station for offences punishable under section 394 r/w. 34 of the Indian Penal Code. 2. Having heard learned Advocate and the learned A.P.P. and on perusal of the investigation papers, it prima facie appears that presence of the applicant at the time of commission of the alleged (2) CRI. APLN. 5004.2010 road robbery is not revealed from any tangible material. She is arrested only for the reason that the SIM card of her Mobile Phone was found and the mobile phone was also recovered. She narrated to the Police that it was being used by her son, namely, Vikas Kale. The involvement of the applicant in the alleged crime cannot be inferred only on the basis of such stray piece of evidence pertaining to the recovery of mobile phone or the SIM card. Moreover, the applicant is a woman and is entitled to the discriminatory advantage available under section 437 of the Code of Criminal Procedure. 3. Consequently, the Application is allowed. The applicant is directed to be released on bail on furnishing of bail bonds in sum of Rs.10,000/- (Rs.Ten Thousand) with a solvent surety bond in the like sum to the satisfaction of the Court of Sessions. Sd/- [V. R. KINGAONKAR, J.] arp