* 1 * BA-1841-2011 15 Dec, 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1841 OF 2011 Smt. Sushila Shankar Tevar .... Applicant : V/S. : State of Maharashtra .... Respondent * * * * Ms. Anjali Awasthi, Advocate for the applicant. Mr. S.A. Shaikh, APP for the State-respondent. * * * * CORAM :- SMT. R.P. SONDURBALDOTA, J. 15 DECEMBER, 2011. P.C. :- 1. The applicant herein is an accused in C.R. 310 of 2011 filed for the offences punishable under Sections 307, 326, 143, 144, 147, 148, 149 read with Section 34 Indian Penal Code registered with Vikhroli Police Station. 2. The incident alleged took place on 11th October, 2010. On that day, the first informant had complained to the applicant that her son teased and passed comments on the first informant’s wife everytime he saw her. The applicant instead of reprimanding her son, quarrelled with the first informant saying that he was levelling false allegations against her son. On the same day, at about 5.15 hrs when the complainant was walking towards his home, he saw son of the applicant and 3-4 unknown persons sitting under a tree drinking liquor. He went and confronted the son for teasing his * 2 * BA-1841-2011 15 Dec, 2011 wife. After some time, the applicant, her son and the other co-accused came there alongwith 3-4 unknown persons and picked up a quarrel with the first informant. They started assaulting him by hands. One Raju Gaikwad and Gullu Shaikh tried to intervene in the quarrel. The son of the applicant and the other co-accused then assaulted the complainant, Raju Gaikwad and Gullu Shaikh. The complaint alleges that the applicant caught hold of Gullu Shaikh from behind and her son took out a knife from his pants and gave a blow to the stomach of Gullu Shaikh. Thus, the complaint actually assigns a specific and serious role to the applicant. The applicant and the other co- accused were immediately arrested on the same day i.e. 12th October, 2011. All the three have now been remanded to judicial custody. 3. The application for bail is moved on three grounds. Firstly that the applicant is a woman, secondly that this is a false case filed against her and thirdly that the weapon with which Gullu Shaikh was assaulted having been recovered, no further steps in connection with the applicant in the investigation are remained to be taken. 4. Undoubtedly, the applicant is alleged to have played a substantial role in the incident. However, the applicant being a woman, the Court is inclined to grant her bail by imposing strict conditions imposed as regards the contact with the witnesses. Since the learned APP, has expressed apprehension of tampering with the witnesses. He has submitted that since * 3 * BA-1841-2011 15 Dec, 2011 the applicant is residing in the same area as the witnesses, there is every chance of the witnesses being tampered with. Ms. Awasthi, then states that the applicant will not reside in that area and will reside with her relatives at Bhayender. Ms. Awasthi, further states that she will furnish the address of the relative with whom the applicant would be staying, to the Investigating Officer. Hence, the order : O R D E R (i). The applicant be released on bail in the sum of Rs.25,000/- (Rs. Twenty Five Thousand only) with one solvent surety in the like amount. (ii) The applicant shall not enter into the jurisdiction of Vikhroli Police Station, until further orders. (iii). Ms. Awasthi, has handed over address of the place where the applicant would be residing. The places comes in the jurisdiction of Kashimira Police Station. The applicant shall attend Kashimira Police Station once in 2 weeks on Monday between 4.00 p.m. to 6.00 p.m. (iv). The applicant shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him for disclosing such facts to the Court or to any Police Officer. (v). The applicant shall not leave the jurisdiction of the trial Court without the previous permission of the Court. [SMT. R.P. SONDURBALDOTA, J]