BA-459-11.sxw 1 Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.459 OF 2011 Rita Vishal Jaiswal & Anr. ... Applicants V/s. The State of Maharashtra, Thru' Nallasopara Police Station ... Respondent Mr. R.V. Gupta for the Applicants. Mr. K.V. Saste, APP for the Respondent. CORAM:- A.M. THIPSAY, J. DATED :- 27 TH JUNE, 2011. P.C. : 1. Heard. 2. I have gone through the Bail Application and the annexures thereto. 3. The Applicants and six others are the accused in C.R. No. I-519 of 2010 registered at Nallasopara Police Station in respect of the offences punishable under Sections 302 IPC and 201 IPC read with Section 34 of the IPC. It seems that two small children - Om aged about 5 years and Ritika aged about 2 years - were murdered by the accused persons. That these children have died an unnatural death cannot be doubted at this stage. The cause of death has been opined to be 'violent asphyxia'. 4. The statements recorded during investigation indicate that the children were assaulted and that their limb and chest was pressed in the belief that some evil spirit, which had entered into the body of the said children, was to be driven out. BA-459-11.sxw 2 Dixit This belief in the mind of the Applicants and other accused was created by one Smt. Himanshu, who is also an accused in this case. 5. The main contention advanced by Mr. Gupta, the learned Advocate for the Applicants, is that, in the facts and circumstances of the case, the Applicants cannot be said to be guilty of an offence punishable under Section 302 of the IPC and that they can be held guilty, if at all, only for the offences punishable under Section 304 (Part II) of the IPC. 6. I find that the Applicants had no motive for murdering their own children and grand-children, respectively. The case of the prosecution itself is that the children were assaulted and their chest was pressed in the belief that some evil spirit has entered inside the body of the children and the acts allegedly committed by the said Himanshu and others were for the purpose of driving the evil spirit out of the body of the children. Apart from this, these Applicants do not appear to have performed any overt acts, except holding the children, as per the instructions of the co-accused Himanshu. 7. The Applicants are women. They are in custody since October, 2010. Considering all the relevant aspects of the matter, I am inclined to release the Applicants on bail. 8. The Applicants are ordered to be released on bail in the sum of Rs.30,000/- each, with one surety in like amount, or two sureties in the sum of Rs.15,000/-. [A.M. THIPSAY, J.]