1 lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLTE JURISDICTION CRIMINAL APPLICATION NO. 5266 OF 2009 Smt.Fatima Mazar Khan : Applicant. versus The State of Maharashtra & Anr. : Respondents. Mr.S M Gorwadkar i/by Mr. Sana Yusuf Baugwala for the Applicant. Mrs. S D Shinde APP for the State. CORAM : V. M. KANADE, J. DATE : 8th December 2009 P.C. 1. Heard the learned counsel for the Applicant and the learned APP for the State. 2. The Applicant/Accused has been arrested in connection with the offence punishable under Sections 451, 504, 302 read with 34 of the Indian Penal Code. The Prosecution case is that the Applicant who was 35 years old lady, along with the co-accused Yusuf Warikai (Sheikh) came to the house of the complainant. At that time, the said co-accused Yusuf dragged complainant’s son Mahesh out of the house and banged him on the floor. It is alleged that the present applicant also pushed the said son Mahesh who later on succumbed to the injuries and died. The only role 2 attributed to the present applicant is that she pushed the deceased Mahesh after the co-accused Yusuf had thrown him on the floor. 3. In my view, taking into consideration the peculiar facts and circumstances of the case it does not appear that the applicant had any intention to kill Mahesh. The only overt act attributed to her is of pushing the deceased. Prima facie, in my view, it does not appear that the present applicant is involved in the offence punishable under Section 302 of the Indian Penal Code. The applicant has been remanded to the judicial custod after she was initially arrested on 3/11/2009. This being the position continued detention of the applicant in jail as an undertrial prisoner is not necessary. Therefore, the Applicant, deserves to be released on bail. Hence the following order :- :ORDER: The Applicant/Accused Smt.Fatima Mazar Khan be released on Bail in C.R.No.321 of 2009 registered with Hinjwadi Police Station, Pune in the sum of Rs.5,000/- with one or two sureties in the like amount. The Applicant shall report to the concerned Police Station once in a month. 3 The trial Court shall not influence by any of the observations made by this Court while granting order of bail in favour of the Applicant and it shall decide the case on merits and in accordance with law. The Criminal Application is accordingly disposed of. [V M KANADE, J]