1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No.3298/2009 [Sau. Baby w/o Manik Rathod .vrs. The State of Maharashtra] ..................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... Mr. J.B. Kasat, Advocate for applicant, Mr. A.S. Parihar, APP for respondent. .......... CORAM : P.D. KODE, J. DATE : NOVEMBER 12, 2009. Heard both the sides. The prayer for bail made by woman-accused out of three charge-sheeted accused for the commission of offence punishable under Sections 307, 302 r/w Section 34 of the Indian Penal Code in connection with Crime No. 93/2009 registered on 23.5.2009 with Police Station, Chandur Railway, District – Amravati upon the complaint lodged by first informant regarding an attack made by charge-sheeted accused on his brother and himself on same day, arrested and in custody since 24.5.2009; deserves to be considered in spite of the same being 2 strongly objected by the learned APP on the count of first information report disclosing her involvement in attacking victim as well as complainant and so also supportive material for the same being reflected from the statements of six eyewitnesses recorded during the course of investigation and there being chances of tampering the prosecution witnesses; having due regard to the applicant being a woman-accused and taking into consideration character of prosecution material collected about her involvement i.e. the material contained in the first information report prima facie revealing that the incident in question had occurred at the spur of moment and not due to any prior concrete plan/intent of the accused and/or atleast any prior intent of the applicant and so also same prima facie not disclosing applicant herself being armed with any weapon or having indulged in an attack upon the deceased and complainant and theory of such attack by herself with stick reflected from the material in the shape of witnesses recorded lateron as pointed by learned counsel for the applicant. The same deserves to be considered having due regard to the reason because of 3 which the special provision for grant of bail for woman accused was incorporated in Code. The same also deserves to be considered in view of chargesheet being already filed and hence apprehension expressed by the prosecution regarding prosecution evidence getting tampered can be taken care of by imposing suitable conditions. Hence the discretion deserves to be exercised in grant of bail to the woman-accused having regard to all the above stated circumstances. The applicant is directed to be released on bail on her furnishing P.R. Bond in the sum of Rs.15,000/- (Rs. Fifteen thousand only) with two sureties in the like amount and subject to condition that the applicant (i) not indulging in any activity of tampering with the prosecution evidence, (ii) not leaving the local limits of Chandur Railway village without obtaining prior permission from the Court, (iii) not committing any offence while being on bail granted. CA stands disposed of. Hamdast allowed. JUDGE Gulande