1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2025 OF 2010 Sulochanabai W/o.Chhabu Chavan, Age-36 years, Occu-Household, R/o.Bajaj Nagar, Tq. Gangapur, Dist. Aurangabad APPLICANT VERSUS The State of Maharashtra Through : The Police Inspector, Police Station, Walunj, Tq. Gangapur, Dist. Aurangabad RESPONDENT Mr.S.D.Joshi, learned counsel for applicant. Mr.P.P.More, learned APP for State CORAM : A.V.POTDAR, J. DATE : 21/06/2010 PER COURT : 1. By the present application, the applicant has approached this Court for her release on bail in connection with CR No.35/2010, registered in Walunj Police Station, Dist. Aurangabad, in which the applicant came to be arrested on 19/04/2010 and since then in custody. 2. Heard learned counsel for applicant, learned APP for State and perused the papers of investigation till carried out. 2 3. It appears that the said offence came to be registered on 19/04/2010 on the complaint of one Dipak Ashok Kale, wherein it is alleged that the complainant party and the applicant, her husband and other relatives had been assembled at Shendurwada on 18/04/2010 as there was death of one Somnath Pawar, the common relative of victim party and this applicant. There was some quarrel between deceased and the daughter of the applicant which took place about 3 years back. This applicant is residing of Aurangabad and the victim was from Ahmednagar District. As after long gap, both the parties came in front of each other, there was some alteration of words between the parties, but the role played by the present applicant is that she caught hold deceased Ashabai, while accused Mahendra Chavan and Chhabu Chavan give up the blows on Dipak, who were the real culprits of the incident, which took place 3 years back. Mahendra and Chhabu assaulted on the head of deceased Ashabai, at that time, the role played by the present applicant is that she caught hold Ashabai. Due to assault, she sustained head injury, and while she was under treatment at Ghati Hospital, Aurangabad, she succumbed to death. Hence the offence came to be registered against the present applicant and two others. 4. No doubt, the statement of witnesses support the facts stated in the complaint, but the other 2 accused are not still arrested. The learned Lower Court has rejected the application for bail of the present applicant. 3 5. Learned APP opposed the application on the ground that the wooden instrument with which the deceased Ashabai was assaulted by the remaining accused, is yet to be recovered and the remaining accused are still absconding. The fact remains that the role attributed to the present applicant is limited. Even though she is in custody, but during interrogation unable to give the addresses of absconding accused. Considering that the applicant is a female, and as the victim party and the applicant are not residing in the same vicinity, a case is made out to enlarge the applicant on bail, by putting certain stringent conditions. O R D E R 1. Application is allowed. 2. Applicant be released on bail on furnishing surety in the sum of Rs.15,000/- and on executing PR bond in the like amount. 3. The applicant to co-operate the investigation agency and to give attendance to Walunj Police Station of Aurangabad once a week, on every Monday, in between 10.00 a.m. to 2.00 p.m. till filing of the charge sheet. 4. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/JUNE 2010/cri-appl-2025-10