IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION APPLICATION NO. 254 OF 2010 IN APPEAL NO. 205 OF 2010 ANWAR GULAM HUSSAIN SHAIKH & ANR. .. APPLICANTS Vs. THE STATE OF MAHARASHTRA .. .. RESPONDENT Mr. Ganesh Gole for the applicants Mr. V.B. Konde Deshmukh, APP CORAM : SMT. RANJANA DESAI, & SMT. V.K. TAHILRAMANI,JJ. DATE : 15th April, 2010. P.C. The applicants along with one other were tried for offence punishable under Section 302 read with Section 34 of the IPC for having committed murder of their stepmother Salma Gulam Shaikh. The applicants are brother and sister. The case of the 3rd accused Aspak the other brother of the applicants was separated he being a juvenile. 2. We have heard Mr. Gole, learned counsel for the applicants at some length. He submitted that the prosecution case entirely rests on the interested testimony of one eye-witness who is the brother of the deceased namely Anwar Nawab Shaikh, PW 1. Counsel submitted that his evidence does not inspire confidence. Counsel submitted that in the FIR though PW 1 has stated the names of the accused, he has failed to mention the names of the neighbours, who had assembled after the incident. Because independent witnesses are not examined correct facts have not come on record. Counsel submitted that in fact it is the complainant who was interested in seeing his sister dead because he was interested in the room in which she was residing. Counsel submitted that in any event it has come in the evidence of PW 1 that when he entered the room the deceased was breathing. Therefore, assuming the prosecution case to be true at the highest the accused could be said to be guilty of attempt to commit murder. They cannot certainly be said to have committed murder of their step mother. 3. Learned APP opposed the grant of bail to the applicants. 4. So far as 2nd applicant Yasmin Gulam Husain Shaikh is concerned, evidence of PW 1 shows that she caught hold of the legs of the deceased. Prima facie it does not appear that she took part in strangulating the deceased. It is not the case of PW 1 that the 2nd applicant helped in smothering the deceased. She was on bail in the trial court. She is 19 years of age. In our opinion, she should be released on bail. 5. So far as the application of the 1st applicant is concerned, counsel submitted that he does not wish to press it at this stage. Hence the following order: Applicant 2 Yasmin Gulam Husain Shaikh is ordered to be released on bail in the sum of Rs.10,000/- with one or two sureties to make up the amount. Application of the1st applicant is disposed of as not pressed. Application of the 2nd applicant is disposed of in the aforestated terms. (Smt. Ranjana Desai, J.) (Smt. V. K. Tahilramani, J.)