1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION CRIMINAL APPLICATION NO.1679 OF 2009 Mrs.Chandabai Ashok Khokhar @ Sasane. ..Applicant. Versus The State of Maharashtra. ..Respondent. ---- Mr.Niranjan Mundargi, Advocate for the applicant. Mrs.S.D. Shinde, APP, for the State. ---- CORAM : SMT.V.K.TAHILRAMANI, J. DATED : 21st July, 2009 P.C.: 1. Heard learned Advocate for the applicant and the learned APP for the State. 2. The applicant is seeking bail in C.R. No.I-171 of 2008 of Nashik Road Police Station. 3. The case of the prosecution is that deceased Prabhakar has taken loan from the present applicant. Thereafter the applicant insisted that Prabhakar should pay back the amount. However, Prabhakar did not pay back the amount. Hence, on 1.4.2008 the applicant along with other accused came to the house of Prabhakar. She started abusing and assaulting Prabhakar. Thereafter all the persons put Prabhakar in the white Indica Car bearing No.4803 in which they had come. Thereafter 2 Prabhakar was taken to one other place. Witness Sunita has stated that there was quarrel between the applicant and other accused and Prabhakar. Suddenly she saw that Prabhakar was missing and the applicant and other persons were standing near the well looking into the well. When she looked inside, she saw that Prabhakar was in the well and he was drowning. Thereafter one of the co-accused i.e. Jafar Shaikh took Prabhakar out of the well. The learned Advocate for the applicant has stated that at the time that Prabhakar was taken out of the well by the co-accused, Prabhakar was alive. This statement has not been controverted by the learned APP. 4. At the time of incident co-accused Jafar Shaikh and Taslima Shaikh were also present. These accused persons have been granted bail. 5. The case of the applicant, as far as participation in the incident near the well and thereafter, is concerned, is the same as that of these other accused who have been granted bail. The applicant is a lady. She has been in custody since 17.4.2008. She has three minor children. Looking to the above facts, I am inclined to grant bail to the applicant. 6. The applicant - Mrs.Chandabai Ashok Khokhar @ Sasane to be released on bail in the sum of Rs.30,000/- (Rs.Thirty Thousand Only) with one or two sureties to make up the said amount. The applicant shall report to Nashik Road police station once in a week i.e. on every Wednesday, till conclusion of the trial. 3 7. Criminal Application is disposed of accordingly. [SMT.V.K.TAHILRAMANI, J.]