1 Criminal Application No.681/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.681 OF 2011 Jyotsna wd/o Ranganath Divekar ... APPLICANT VERSUS The State of Maharashtra ... RESPONDENT ..... Shri P.S. Pawar, Advocate for applicant Shri V.H. Dighe, A.P.P. for respondent, assisted by Shri A.S. Bayas, Advocate for original complainant ..... CORAM : K.U. CHANDIWAL, J. DATE : 1st March, 2011 PER COURT : 1. The original complainant has moved application seeking leave to assist the P.P. Considering nature of accusations and grievance of the original complainant, permitted. Application disposed of. 2. Heard. The female accused, mother-in-law of Vidya Nilesh Divekar, has urged to release her on bail in Crime No.I-161/2010 of Jawaharnagar Police Station, Aurangabad. 3. Vidya married to Nilesh (son of accused No.1) on 14.4.2004. The couple was blessed with two children. It is 2 Criminal Application No.681/2011 unfortunate, Nilesh was unemployed and taken to drinks. The accused/ applicant Jyotsna, is informed, a widow and in Government service. The couple had regular features of brawl and skirmish. Trivial issue was sufficient to ignite flames. On the fateful day, 23.10.2010, in the morning, when the couple was in the house, the feelings of husband enraged due to earlier night’s event and he started assaulting Vidya. In such anger, he warned to eliminate her. At this stage, role of accused/ applicant comes into play. She has allegedly allowed or rather instigated her son Nilesh to do away Vidya and to facilitate, she has latched the door. Her husband assaulted her, tried to strangulate, removed kerosene from the stove and ignited. The accused escaped from the scene of offence with her son (husband of deceased). In a dying declaration, deceased Vidya has implicated the accused/ applicant. 4. Though the above referred events project brutality in the affairs, at the behest of the accused/ applicant or her son, however, looking to the role she has played, it is indicative, she has latched the door or instigated her son to do away the victim Vidya. Nilesh did not apply his mind and being outraged by his feelings as indicated above, set afire Vidya. Considering these aspects, and added to it, charge sheet is filed, the well being of the two children is also important. The accused/ applicant was in Government service, 3 Criminal Application No.681/2011 least chance of absconding and influencing the witnesses. The release of the accuse/d applicant shall not be used as parity for release of her son Nilesh Dievekar. Hence order : O R D E R 5. The accused/ applicant Jyotsna wd/o Ranganath Divekar be released on her furnishing P.R. bond and surety in the sum of Rs.25,000/- (Rupees twenty five thousand). The accused/ applicant, after her release, shall attend the investigator on last Sunday of every month between 3.00 p.m. to 6.00 p.m. till conclusion of trial or till further orders. The accused/ applicant shall not influence the witnesses. Application allowed. K.U. CHANDIWAL JUDGE fmp/cri681.11