1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3953 OF 2009 Najminisha W/o.Osman Momin, Age-76 years, Occu-Nil, R/o.Jamkhed, Tq.Ambad, District : Jalna APPLICANT VERSUS State of Maharashtra RESPONDENT Mr.Joydeep Chatterji, learned counsel for applicant. Mr.N.R.Shaikh, learned APP for State. (CORAM : A.V.POTDAR, J.) DATE : 25/11/2009 PER COURT : 1. By the present application, the applicant has approached this Court for her release on bail in connection with CR No.76/2009, registered in Beed City Police Station for the offence punishable u/s. 302, 307, 498-A r/w.34 of IPC. 2. Heard learned counsel appearing for applicant, followed by the submissions of learned APP. Also perused the papers of investigation as the charge sheet is already filed in this case after completion of investigation. 2 3. The alleged incident occurred in the morning of 07/08/2009 and on the basis of complaint lodged by the injured Arshiya W/o.Abdul Rauf, an offence was registered u/s. 307, 498-A r/w.34 of IPC. While the said complainant Arshiya was under medical treatment, in that process she succumbed to death. Hence later on the earlier offence registered u/s. 307 of IPC was converted u/s. 302 of IPC. So far as the facts disclosed from the complaint, it is not disputed by the learned counsel appearing for the applicant there are allegations that in the morning of 07/08/2009, quarrel took place between the deceased, husband of the deceased, mother in law of the deceased and grand mother in law of deceased on demand of Rs. 30,000/- from the deceased. At that time, the mother in law of deceased poured kerosene on the person of the deceased. This applicant caught hold the deceased while the husband set her on fire. Thereafter the neighbourers took her to the hospital, later on where she succumbed to death. As to how she sustained burn injuries was disclosed by the deceased to the neighbourers who carried the deceased to the hospital. 4. At this juncture, the scenario as projected in the complaint and as projected from the statement of the neighbourers who have carried the deceased to the hospital, is not seriously disputed. It is urged across the bar by learned counsel appearing for the applicant that the applicant surrendered before the police on 25/08/2009 and since then she is in custody. Investigation is over and on 26/10/2009 charge sheet is filed against the applicant and other two accused in 3 the court of law. According to the learned counsel for applicant, considering the role as projected, allegedly played by the applicant and disclosed by the deceased to the neighbourers, who carried the deceased to the hospital for medical treatment, now can not be tampered with. Age of the applicant is 76 years old. The incident took place at village Khasgaon, Dist.Beed. As against this, the present applicant is R/o.Jamkhed, Tq.Ambad, Dist.Jalna. In the premise, by using the discretion as per the provisions of section 437 of Cr.P.C., the applicant be released on bail. It is the argument like a mercy petition. 5. Learned APP opposed the grant of bail application. 6. From the submissions across the bar, it revealed that the facts can not be disputed that investigation is over and charge sheet is already filed. Perusal of the disclosure statement of the complaint, who is now no more and the facts disclosed by her to her neighbourers about the role attributed to this applicant, it can not be said that now there are chances of tampering of this statement recorded during the investigation. The only question require consideration whether this Court can exercise the discretion as provided under the proviso to section 437 of Cr.P.C. As per the facts demonstrated, the applicant is residing at the distance of about 80 kms. from the place where the witnesses are residing. Even though the nature of the crime is heinous and ghastly, but considering the advanced age of the applicant, a case is made out to use the 4 discretion as provided under the proviso to section 437 of Cr.P.C. In the premise, the application to be disposed of with following order : O R D E R 1. Application is allowed. 2. Applicant be released on bail on furnishing solvent surety in the sum of Rs.20,000/- and on executing PR bond in the like amount. 3. After released on bail, the applicant is prohibited to visit village Khasbag, Dist. Beed till the commencement of trial. 4. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/NOV 2009/cri.appl.3953-09