1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 5052 OF 2009 Leelabai Ahirrao ....Applicant Vs. The State of Maharashtra ....Respondent ----- Mrs.P.P. Kakade i/b. Mr. Subhash Hulyalkar for Applicant Mrs. P.P. Shinde - APP for State ----- CORAM: V.M. KANADE J. DATED: 4TH DECEMBER,2009 P.C. 1. Heard the learned Counsel for the Applicant and the learned PP for State. 2. The Applicant has been arrested in connection with an offence punishable under section 302 r/w. 34 of the Indian Penal Code registered vide C.R. No.443 of 2008 with Bhosari Police Station. 3. It is alleged that the Applicant is a second wife of the deceased and that she had given a contract to two other accused to kill her husband since she had an 1 apprehension that after her husband was suspended from services of the State Road Transport Corporation, he was going to give retirement benefits to his first wife and not to the Applicant herein. 4. The learned Counsel appearing on behalf of the Applicant submitted that there is no material on record to show that the Applicant had given a contract to kill her husband. The dead body was found on 24.10.2008. He fairly pointed out that except the statement of Sachin Landge, there is no other material to connect the present Applicant with the commission of crime. The only material against the present Applicant is that there was record to indicate that the Applicant was in touch with the two persons who had actually assaulted the deceased. 5. In my view,the said material is not sufficient. Firstly, the statement of the Santosh Landge to show the involvement of the Applicant, has been recorded after two months from the date of the incident and, secondly, merely because there was some telephonic conversations between the Applicant and the two persons who had supposedly murdered the deceased, that would not be sufficient to prove beyond reasonable doubt that the Applicant had committed the said offence. 1 6. The Applicant shall be released on bail in C.R. No.443 of 2008 registered with Bhosari Police Station in a sum of Rs.5,000/- with one or two sureties in the like amount. The Applicant shall report to the concerned police station once in a month. 7. The Trial Court shall not be influenced in any manner by the observations made by this Court while deciding the case since these observations are essentially prima facie in nature. 8. Application is disposed of. (V.M. KANADE J.)