IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 833 OF 2009 CRIMINAL APPLICATION NO. 833 OF 2009 CRIMINAL APPLICATION NO. 833 OF 2009 Gokulabai Sambhaji Jadhav ...Applicant vs. The State of Maharashtra ...Respondent Mr.Kuldip S. Patil for the Applicant. Mr.S.S. Pednekar, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : FEBRUARY 25, 2009 DATED : FEBRUARY 25, 2009 DATED : FEBRUARY 25, 2009 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the applicant and APP for the State. 2. The applicant who is the wife of the deceased has been arrested alongwith her son for having committed the murder of her husband. An offence under Sections 302, 393, 201, 203 read with 34 of the IPC was registered at Vaduj Police Station, District Satara, vide C.R.No.100/2008 against both of them. 3. In this case, the peculiar fact that initially a complaint was filed by the son of the applicant in which he alleged that certain dacoits had attacked their house - 2 - and they had tried to break in the house. The deceased was sleeping outside the house and the dacoits after assaulting the deceased ran away from the scene of the offence. Thereafter, the son of the applicant made complaint. The deceased was taken to the hospital where he was announced dead. After the complaint was lodged, the police suspected something fishy in the complaint filed by the son of the applicant herein and therefore, they were interrogated wherein they admitted that son of the applicant had illicit relations with the applicant the and therefore, they had killed the applicant’s husband. 4. The confessional statement was recorded by the police and therefore, it is not admissible prima facie as evidence. Initially, a complaint was filed by the applicant’s son. Taking into consideration these peculiar facts and circumstances and also the fact that the applicant is a lady, her continued detention, in my view, is not necessary since the charge-sheet already has been filed and since the material which is on record is circumstantial evidence which, in my view, prima - 3 - facie, is not sufficient for the purpose of convicting the applicant. 5. Under these circumstances, the applicant be released on bail in the sum of Rs.5000/- with one or two sureties in the like amount. She shall attend the police station once in a month between 11 a.m. to 2 p.m. 6. The application is disposed of. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)