[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.2165 OF 2008 Smt.Jyotsna Mahadev Mhatre ..Applicant Vs. The State of Maharashtra ..Respondent ... Mr.Kuldeep S.Patil Advocate for Applicant Mr.S.S.Pednekar APP for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : JULY 10, 2008 DATE : JULY 10, 2008 DATE : JULY 10, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the applicant and the learned A.P.P. for the State. 2. The applicant is seeking anticipatory bail in CR No.I-65 of 2008 of Kalwa Police Station, Dist.Thane. The said case is mainly under Section 302 of IPC. 3. The prosecution case is that the applicant is a daughter in law of deceased Sakhubai. Sakhubai was about 80 years of age. Sakhubai was residing with the applicant. Sakhubai was illtreated by the daughter in law i.e. the present applicant and [-2-] hence, she committed suicide by jumping from the terrace. 4. The learned advocate for the applicant submitted that it is a case of accidental death and the applicant has been falsely implicated by the complainant who is daughter of the deceased. He submitted that the very fact that complaint is lodged about five days after the incident, shows that the applicant has been falsely implicated as an after thought. 5. It is an admitted fact that deceased fell down from the terrace. The terrace has a parapet wall. In such case, it would not be possible for an old lady of 80 years to fall down from the terrace accidentally. There are allegations against the applicant. 6. The Apex Court has observed in the decision of Directorate of Enforcement Vs.P.V.Prabhakar Rao Directorate of Enforcement Vs.P.V.Prabhakar Rao Directorate of Enforcement Vs.P.V.Prabhakar Rao reported in 19979. SCC (Cri.) 978 reported in 19979. SCC (Cri.) 978 reported in 19979. SCC (Cri.) 978 that when the material gathered by the prosecution is such as to point out an accusing finger towards the accused, it is not a fit case to grant anticipatory bail. [-3-] 7. Looking to the material on record, I do not think that this is a fit case to grant anticipatory bail to the applicant. 8. Application is rejected and is disposed of accordingly. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]