1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2961/2009. (Chayabai Wd/o Ashok Bhisade Vs. State of Maharashtra) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.Sachin Panale, Adv. for applicant; Mr.DR Korde, APP for State; Mr.SV Chillarge, Advocate for Resp.Nos. 2 to 4. ___ CORAM : K.U.CHANDIWAL, J. DATE : 22 nd September,2009. 1. Heard learned Counsel. 2. Grant of bail in terms of Section 438 of Cr.P.C., by order dated 28th July, 2009 by the learned Additional Sessions Judge, Udgir in Criminal Misc. Application No.120/2009, is subject of criticism by the complainant - Chayabai. 3. In support of the contention, the Counsel informs, that there was an application dated 29th July, 2009, disclosing how the bereaved family of the deceased are harassed by the accused. In the said application, there is reference of Malanbai, one of the accused herein and her sister. However, going through the said application, it simply implicate them as to their participation in the so-called 2 activities of homicidal death. But, that does not specify any instance of coercion or influencing the witnesses in the matter. 4. The exercise of power, in terms of Section 438 of Cr.P.C. in a matter under Section 302 of IPC, should have been with cautious approach. However, the learned Judge was required to consider the age of Malanbai to be 83 years and that of Vatsalabai to be 65 years. This was the age provided to him, based on which, the learned Judge passed the order under challenge. Though the apprehension is nursed, however, the liberty, and now its curtailment is difficult to adhere to. I do not see any infirmity in the order of the learned Judge in directing to release the accused/applicants on bail of Rs. 15,000/- in the event of arrest. 5. The only precaution that is expected is, the accused/respondents herein shall not influence and coerce the complainant and other witnesses related. Any such grievance will entail in cancellation of bail. 6. Criminal Application rejected in above terms. ( K.U.CHANDIWAL ) JUDGE bdv/cran2961.09