1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. 1891 of 2010 Smt. Ramkali Mohan Beniwal ..VERSUS.. State of Maharashtra, through P.S.O., P.S., Frezarpura, Amravati. Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. C.V.Navlani, Advocate for the Applicant Mr. P.V.Bhoyar, A.P.P. for Respondent / State. CORAM : Prasanna B. Varale, J. DATED : 16 th Decem ber , 2010 . Heard. By the present application, the applicant who is a lady has approached this Court under Section 439 of the Code of Criminal Procedure for regular bail to her as she is apprehending arrest in connection with Crime No. 300/2010 registered with Police Station, Frezarpura, Amravati for the offences punishable under Section 302, 34 of IPC. Mr. Navlani, learned Advocate for the applicant submitted that the report dated 24/9/2010 is lodged against the applicant by the complainant/victim namely Neela Pitambar Antaresh and bare perusal of the report would show that there is no role attributed to the applicant. He further submitted that the victim namely Neela Antaresh in her dying declaration stated that the applicant picked up quarrel with her and abused her. At that time, her son entered on the scene and started assaulting the parents of Neela. He also abused Neela. The applicant snatched hairs of the victim and at that point of time, her son poured kerosene on her and set her on fire. The other persons namely sister and father of victim tried to extinguish the fire. The victim was admitted in the hospital. 2 Learned Advocate for the applicant submits that the applicant is a lady of advance age of 65 years. The victim was always picking up quarrel with the residents of the locality. On the day of incident also, a quarrel was picked up and the only role attributed to the applicant is that the applicant abused the victim and snatched her hairs. In view of this, learned Advocate for the applicant submitted that the applicant be protected as there is no custodial interrogation is required and no recovery at the instance of the applicant is required to made. Learned Advocate further submitted that the applicant is ready to abide by the conditions put by this Court and the applicant is also ready to reside at some other place other than the place where the incident occurred. Mr. Bhoyar, learned APP has strongly opposed the application by filing the reply on the ground that the offence is serious in nature. Learned APP submitted that the allegation of setting the victim on fire by the applicant and her son is levelled. He further submitted that if the applicant is protected, there is an apprehension that the applicant may tamper with th evidence or pressurize the witnesses residing in the area and in view of these facts, this is not a fit case where the applicant can be protected. Perused the record and the reply filed by learned APP. It is stated in the statements that the applicant picked up quarrel and snatched the hairs of the victim. Apart from these things, there is no other role attributed to the applicant so as to suggest that the applicant caught hold the victim or made such act so as to facilitate the other accused to set the victim on fire. It is not in dispute that the applicant is a lady of advance age. The apprehension expressed by learned APP can be taken care of by directing the applicant to reside at some other place than the place of incident, to which the applicant is ready to reside at some other place and she will furnish her address 3 to the investigating agency. Hence, in my opinion, prima facie case is made out. In the result, the application is allowed. The applicant be released on bail on furnishing P.R. bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with one solvent surety in the like amount, in Crime No. 300/2010 registered with Police Station, Frezarpura, Amravati for the offences punishable under Section 302, 34 of IPC., on the following conditions. a] The applicant to cooperate with the investigating agency and attend the police station, Frezarpura, Amravati as and when called by the police. b] The applicant shall not tamper with the prosecution evidence nor commit any act such as contacting the prosecution witnesses or pressurize them. c] The applicant to reside at some other place than the place of incident till filing of the charge sheet and to submit her residential address and contact numbers such as phone/ mobile numbers to the investigating agency. She shall not enter the area i.e. Frezarpura, Amravati till filing of charge sheet. d] The applicant shall not leave that place without prior intimation to police station, Frezarpura, Amravati and 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. Hamdast permitted. JUDGE Diwale