1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.887 OF 2010 Mahanandabai W/o.Babasaheb Dudhal, Age-50 years, Occu-Household, R/o.Hiwarsinga, Tq.Shirur (Kasar) Dist. Beed APPLICANT VERSUS The State of Maharashtra, RESPONDENT Mr.A.N.Nagargoje, learned counsel for applicant. Mr.B.V.Wagh, learned APP for respondent State. (CORAM : A.V.POTDAR, J.) DATE : 22/03/2010 PER COURT : 1. By the present application, the applicant has approached this Court for her release on bail in connection with CR No.30/2009, registered in Shirur (Kasar) Police Station of Dist. Beed, for the alleged offence punishable u/s. 302, 307, 324, 504 r/w. 34 of IPC., in which after the anticipatory bail application of the applicant was rejected, applicant surrendered on 26/12/2009. Thereafter, charge sheet was filed against this applicant on 30/12/2009, hence the applicant is before this Court for her release on bail alleging that there is change in circumstances. 2 2. It appears that the said offence came to be registered on the complaint of one Kalyan Dudhal about the alleged incident dated 08/04/2009 which took place in the evening of the same day, as there was free fighting between the two groups comprising the family of complainant as well as the family of present applicant. By the said complaint, there are allegations that the present applicant caught hold the deceased Purushottam, when he was stabbed by one Gajanan. Now this application to be considered in the light of statement of witnesses recorded during the investigation about the alleged role played by the present applicant. This statement includes the statement of eye witnesses including the interested witnesses. Other than the interested witnesses, the statement of the complainant was not supported by the other independent witnesses. Apart from it, during the investigation, statement of the witness was recorded, who carried the deceased and injured in the auto to the hospital. This statement of that witness play very material role as on the way to the hospital, deceased as well as the injured disclosed as to how they sustained stab injuries. It amounts to oral dying declaration. So far as that dying declaration is concerned, it is of that independent person, who has not witnessed the alleged incident, but that dying declaration discloses that to cause the stab injury, no overact or no part was played by the present applicant, who is a lady, even though her presence at the spot was noticed by all the witnesses. 3. According to the independent witnesses, the alleged role played 3 by this applicant was to give kick and fist blows to Kaushalya, the mother of the complainant and one Suvarnamala wife of complainant. Considering this statement, it appears that the role played by the present applicant is directly not connected with the stab injury to the Purushottam, which resulted in his death. The applicant has undergone sufficient period in the custody, which is for more than 3 months. In the premise, the application to be allowed by putting certain conditions on the applicant, hence order. O R D E R 1. Application is allowed. 2. Applicant be released on bail, on furnishing surety in the sum of Rs.15,000/- and on executing PR bond in the like amount. 3. After released on bail, applicant not to contact the prosecution witnesses as well as not to leave the local jurisdiction of Shirur (Kasar) Police Station, Dist. Beed without previous permission in writing from the Investigation Officer concerned. 4. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/MAR 2010/cri.appl.887-10