1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION NO. 1823 OF 2010 (Sau. Rekha Sukhdeorao Rawale and another .v. State of Maharashtra) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Shri S.V. Sirpurkar, Advocate for the applicants. Smt. A.R. Taywade, APP for the respondent/State. CORAM : PRASANNA B. VARALE, J. 14TH DECEMBER, 2010. Heard. By way of present application, the applicants are seeking pre-arrest bail for the offence punishable under Sections 307, 302 read with Section 34 of the Indian Penal Code vide Crime No. 228/2010 registered with the Police Station, Chandur Bazar. At the outset, the learned Counsel for the applicants submits that he is not pressing the application for applicant No.1- Sau. Rakha Sukhdeorao Rawale and seeks permission to withdraw the same. Permission granted. Criminal Application insofar as applicant No.1-Sau. Rekha Sukhdeorao Rawale is concerned is accordingly allowed to be withdrawn and disposed of as such. Insofar as applicant No.2/Sau. Jyoti @ Bali Giridharrao Chavan is concerned, she is seeking pre-arrest bail being apprehended the arrest in Crime No.228/2010. The sum and substance of the report dated 15.10.2010 is that applicant No.2 and the other accused persons, namely, the mother-in-law, father-in-law and brother-in-law of victim Sheetal used to ill treat the victim and were abusing her. On the day of incident, the accused had quarrel with the victim and at about 09:00 a.m., when victim was cleaning the tiles, the accused namely Rekha Sukhadeo Rawale, Bali, Vinod, Vilas caught hold her and Rajji poured kerosene and set her on fire. Learned Counsel for the applicants submits that it is 2 alleged against the applicant-Jyoti that she had actively participated in the said offence. The allegations are false and baseless. The applicant is involved only with a grudge. He further submits that the applicant-Jyoti is residing at Gadchiroli and had come to village Shirasgaon Band to her parental home for delivery. Learned Counsel further submits that recently, the applicant delivered a child and she was under post cesarean care and, therefore, in view of this fact also, it is difficult to believe the case against the applicant. He further submits that apart from the merits, on the ground that the applicant is a lady and having a child of hardly one month, the applicant is entitled to be protected at the hands of this Court. He further submits that in such a situation, the applicant will not be in a position either to pressurize the witnesses nor in a position to hamper the evidence. I find considerable merit in the submissions of the learned Counsel for the applicant. Taking into consideration, the applicant is a lady and having a child of merely one month, the applicant has made out a prima facie case. In the result the application in respect of applicant No. 2-Sau. Jyoti @ Bali Giridharrao Chavan is allowed. Interim protection is confirmed. The applicant No.2-Sau. Jyoti @ Bali Giridharrao Chavan be released on bail in the event of her arrest on furnishing PR bond of Rs.20,000/- (rupees twenty thousand only) with on surety in the like amount. The applicant shall not leave the present place for the period of two months and to cooperate with the investigating agency as and when called for. Hamdast granted. JUDGE *rrg.