1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.5522 OF 2009 Mrs. Hirabai Bhaginath Nyaharkar )..Applicant Vs. The State of Maharashtra )..Respondent ---- Mr. Dilip Bodake for the applicant. Mrs. A. A. Mane APP for the State. ---- Coram : R.S.MOHITE,J Date : 13th April, 2010 PC 1 This is an application for grant of regular bail. The applicant is a woman who has been arrested in connection with C.R.No.I-43/2009 registered by the Chandwad police station for alleged offences under Section 302 read with 34 of IPC. The deceased is one Suvarna who was a daughter-in-law of the present applicant. The husband and father-in- law of the deceased have also been arrested. The incident in question took place on 31.3.2009. The record indicates that the family members attempted to mis-lead everyone by saying that the death was by accidental and due to drowning by accidental fall in the well. The post mortem notes indicates injuries on the body and the opinion of the Doctor is “death due to strangulation’. The present applicant was a person who was residing in the house and onus is upon her to indicate how the applicant suffered strangulation. There is no explanation forth-coming and therefore, on the merits of the case, I would not have been inclined to grant bail. However, taking into account that the applicant is a lady and there is a special provisions for women and also there is a child in the house, I am inclined 2 to grant bail to the present applicant. It is therefore, directed that pending her trial in connection with C.R.No.I-43/2009 registered by the Chandwad police station, the applicant will be released on bail in the sum of Rs.15,000/- with one surety in the like amount subject to the condition that she will attend all the dates of her trial and will not tamper with any of the witnesses. It is made clear that this order will not operate as a precedent in so far as other accused are concerned. Application stands disposed off. (R.S.MOHITE,J) 3