1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION NO. 1618 OF 2010 (Jijabai Sakharam Jamkar 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 V.B. Gawali, Advocate for the applicants. Shri C.N. Adgokar, APP for the respondent/State. CORAM : PRASANNA B. VARALE, J. 18TH NOVEMBER, 2010. Heard. By way of present application, the applicants are seeking regular bail for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code vide Crime No. 12/2010 registered with the Police Station, Jaulka, Tahsil Malegaon, District Washim. Learned Counsel for the applicants submits that applicant No.1 is aged about 60 years and there is no material against applicant No.1. He further submits that the report is lodged by one Uttam Bhikaji Tiwale and in the report it is stated that it was informed by one Shri Anil Raut about the incident of assault on victim Digamber Uttam Tiwale. Learned Counsel for the applicant further submits that there are vague allegations and there is no material against the applicants and the applicants are entitled to be released on bail. Learned APP has filed the reply and also placed the record for perusal of this Court. The record reveals that the statements of witnesses, namely, Haridas Tiwale, Prakash Tiwale, Gajanan Kamble and Machhindra Wankhede are recorded by the investigating agency. In the statements of these persons, who are the eye witnesses of the incident mention the names of the applicants and the acts committed by them. There is strong material to connect the applicants and the role played by them in the commission of crime. Learned Counsel for the applicants submits that 2 applicant No.1 being lady and is of 60 years of age, there is no reason to keep her behind the bars for indefinite period. He further submits that applicant No.1 is ready and willing to cooperate with the investigating agency, abide by the conditions, if any, imposed by this Court and there is no chance of her leaving from the place of her usual residence. There is considerable merit in the submissions of the learned Counsel for the applicants. In the result, the application is partly allowed. Insofar as the applicant No.2-Gajanan Sakharam Jamkar is concerned, the application is rejected. Insofar as the applicant No.1-Jijabai wd/o Sakharam Jamkar is concerned, the application is allowed. The applicant No.1-Jijabai wd/o Sakharam Jamkar be released on bail on furnishing PR bond of Rs.20,000/- (rupees twenty thousand only) with one surety in the like amount, on the following conditions. (i) The applicant No.1 to cooperate with the investigating agency and attend the Police Station, Jaulka on every 1st and 3rd Sunday between 09:00 a.m. and 12:00 noon. (ii) The applicant No.1 shall not tamper with the evidence nor commit any act such as contacting the prosecution witnesses or pressurize them. (iii) The applicant No.1 to submit her residential address and her contact number such as phone/mobile numbers to the investigating agency. (iv) In case the applicant No.1 is moving out of the area of Police Station, Jaulka, she shall inform the Police Station about her visit to other place. In case of breach of these conditions, the prosecution agency to take necessary steps in accordance with the provisions of law. JUDGE *rrg.