1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO 3178 of 2009 (Gayabai w/o Madhukar Rathod vs. The State of Maharashtra) -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mrs.S.S.Jadhav, Adv., for the applicant. Mr. D.R.Korde, APP for respondent State. ... CORAM: K.U.CHANDIWAL, J. DATE: 30/9/2009 P.C.:- 1. Heard learned Counsel. 2. Accused / applicant Gayabai, who is in custody from 2nd March, 2009, in Crime No. 16/2009, registered with Kinwat Police Station, for an offense under Section 302 read with Section 34 of IPC, seeks bail. 3. Learned Counsel submits, considering the nature of allegations and in terms of Section 437 sub clause (2) of 2 Cr.P.C., this is a fit case to release the female applicant Gayabai. She could not be stated to be an assailant to commit the offense of homicidal death, at the most, the offense, according to Counsel, would be in terms of Section 201 of IPC. 4. Having gone through the investigation papers and, particularly, the post mortem notes, I find that there is primary evidence of recovery of rope at the instance of the accused/applicant. She was seen with the deceased lastly as she brought the dead body. The post mortem notes at Column nos. 17 and 18 in unequivocal terms indicate that there were multiple abrasions on the right forearm on flexor surface (near wrist joint). There were abrasions on right leg shin on dorsal part. There was depression (groove) on the neck on the front side of neck of brown/blackish colour which was horizontally below thyroid cartilage, having measurement of 3 18 x 1 cm. Considering these aspects, I do not see that the release of the accused/applicant, though a woman, is desirable. The belated FIR is properly explained. That will not come as a boon and boost for the release of the accused/applicant. Application rejected. The observations are prima facie in nature. (K.U.CHANDIWAL) JUDGE ... agp/3178-09crapl