IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRI.APPLICATION NO.3599 OF 2008 CRI.APPLICATION NO.3599 OF 2008 CRI.APPLICATION NO.3599 OF 2008 Mrs Nasreen Mohammed Hussain Shaikh, Applicant Vs State of Maharashtra, .. Respondent. Mr H.H.Ponda, for the applicant. Mr H.J.Dedhiya, APP, for the respondent. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. DATE : 14/11/2008 DATE : 14/11/2008 DATE : 14/11/2008 PC: PC: PC: 1. Heard Mr.Ponda, learned counsel for the applicant and Mr.Dedhiya, learned APP, for the State. 2. The applicant is seeking bail in C.R. (FIR) No.226 of 2008 of Versova police station. The said crime has been registered against the applicant and two others for having allegedly committed an offence punishable under section 302 of IPC. 3. I have perused an FIR lodged by one Yellappa Bhima Deshwal, the police officer. It is stated in the FIR that on receipt of an information, the police rushed to a building known as Zoara Aghadi at midnight on 7.8.2008. There, they were informed by some persons in the building that in flat no.14 a quarrel was going on. Police immediately rushed to flat no.14, where they saw accused no.1 Iquabal Abrar. He resisted the police when they attempted to open the door. The police, however, forced their entry in the flat. In the flat they found, accused no.1 and two persons lying in the pool of blood. Accused no. 1 had injuries on his face and his clothes were smeared with blood. The complainant has further stated, when they inquired with accused no.1 Iqabal, he confessed that he had killed those two persons, namely Deepak and Rani. The dead body of Deepak was found lying in the pool of blood. Rani was alive, who also succumbed to the injuries lateron. Accused no.1 further disclosed that he had married Rani three months prior to the incident and, in the flat, he saw Deepak and Rani in a compromising position and, therefore, he killed them both. This all is clearly stated in the FIR. It is alleged that Rani had also married to one Abubaker. Abubaker and the present applicant are brother and sister. According to the prosecution, in the statement of accused no.1 Iqbal, recorded under section 164 of Cr.P.C., he confessed that Abubaker and the applicant had hired him to kill Rani since she was having some property papers of Abubaker and that Abubaker wanted to eliminate her from his life. Accused no.1 Iqbal in the said statement has further stated that the applicant was also present at the time of alleged incident and she also participated in assaulting the deceased. However, except the statement under section 164, there is no other material on record to connect the applicant with the alleged offence. The law is well settled that such confessional statement can be looked into only if there exists other evidence connecting the accused with the alleged offence. It is clear from the FIR, that the complainant, who is police officer, reached the scene of offence immediately and they apprehended accused no.1 on the spot. Neither the complainant nor any other witnesses state that he had seen the applicant at the scene of offence. Learned APP could not point out any other material to connect the applicant with the alleged offence. In the circumstances, I am inclined to enlarge the applicant on bail. Hence the order. . The applicant to be released on bail in the sum of Rs.40,000/- with one or two sureties to make up the said amount, subject to condition that the applicant shall report to the concerned police station on every alternate Saturday between 10 and 11 am till conclusion of the trial. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case without being influenced by the observations made in this order. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)