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. 4481 OF 2008 CRIMINAL APPLICATION NO. 4481 OF 2008 CRIMINAL APPLICATION NO. 4481 OF 2008 1. Gangubai Krishna Jadhavar, 2. Sharad Laxman Jadhavar, 3. Nagesh Krishna Jadhavar, 4. Dattatray Baburao Jadhavar, 5. Baban @ Praveenkumar Nehru Sanap, 6. Nehru Gorakh Sanap ...Applicants vs. The State of Maharashtra ...Respondent Mr.V.V. Purwant for the Applicants. Mr.D.P. Adsule, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : JANUARY 13, 2009 DATED : JANUARY 13, 2009 DATED : JANUARY 13, 2009 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the applicants and APP for the State. 2. A complaint has been filed against the present applicants for the offence punishable under Sections 143, 147, 148, 149, 326, 504 and 506 of the IPC. 3. It is submitted by the Counsel for the applicants that the applicants also have filed a cross-complaint on the very same ground when the present - 2 - complaint has been lodged against them. It is submitted that the only allegation against applicant no.1 who is a lady of 65 years that she had instigated the other applicants to assault the complainant and his group. 4. Taking into consideration the complaint and the cross-complaint which have been filed by the applicants and other group, in my view, so far as applicants no.2 to 6 are concerned, no case is made out for grant of anticipatory bail since in the FIR, there is a clear allegation that the applicants no.2 to 6 had assaulted the complainant and others in this case. However, since applicant no.1 is a old lady and is 65 years old and the only allegation against her is that she had instigated others to assault the complainant and others, in my view, she is entitled to get an order of anticipatory bail. 5. Applicant no.1 - Gangubai Krishna Jadhavar, therefore, in the event of her arrest in connection with C.R.No.124/2008 for the offence punishable under Sections 143, 147, 148, 149, 326, 504 and 506 of the IPC - 3 - shall be released on bail in the sum of Rs.5000/- with one or two sureties in the like amount. Applicants no.2 to 6 shall surrender before the Sessions Judge and apply for regular bail. 6. Application is partly allowed in the aforesaid terms. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)