IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH: NAGPUR CRIMINAL APPLICATION NO.1539/2008 Sau. Panchfula Khandare ..vs.. State =================================== CORAM: S.R. DONGAONKAR, J. DATE:5.5.2008 Heard Mr. Kariya, advocate for the applicant and Mr. Parihar, A.P.P. for state. This is an application under section 439 of Cr.P.C. for grant of bail. Applicant is lady of 65 years of age. She along with her son i.e. husband of deceased has been arrested for the offences under section 302, 498-A , 109 of I.P.C. in Crime No.14/2008. The only evidence against the applicant is that of dying declaration wherein she is alleged to have made a statement that after her husband had set her to fire, she uttered “Bare Petvun Dile Ase Mhatle”. Learned A.P.P. has not pointed out any overt act on the part of the applicant in the episode of killing of the deceased. Considering age of the applicant, she is entitled to be released on bail, however subject to conditions: Applicant be released on bail on furnishing surety and PRB of Rs.15000/- subject to conditions that she shall not directly or indirectly tamper with the prosecution evidence and shall not leave the jurisdiction of Police Station Pathrot until further orders or without prior permission of the I.O. till the charge sheet is filed. Bail in trial court. Application stands disposed of. JUDGE smp.