appln436of10.sxw 1 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 436 OF 2010 Jannat Raheman Phulari .. Applicant -versus The State of Maharashtra .. Respondent. Mr. V.V. Purwant, for the Applicant. Mrs M.H.Mhatre, APP for the State. CORAM: R.S.MOHITE, J. DATED: 22nd April, 2010 P.C. 1. This is an application for grant of bail. Applicant who is a woman is shown as accused in CR No.83 of 2009 registered with Akkalkot North Police Station for the alleged offences punishable under section 302, 120(B) of the Indian Penal Code. 2. The deceased is husband of the present applicant. The incident in question occurred on 12.8.2009 at 7.00 pm. The prosecution case is that the deceased alongwith applicant were going to her village and they were seen by some of witnesses going together. The said witnesses also saw them followed by a motorcycle driven by Lala @ Miyasaab Mulla, who is a co-accused who was allegedly having illicit relations with applicant. Witnesses appln436of10.sxw 2 stated that they saw the applicant going by Kurnur road alongwith her deceased husband on 11.8.2009 in the evening time and on the very next day on the same road in the morning his dead body was found. Though in this case there is some material against the present applicant, in my view taking into account the special provisions under section 437, in respect of women, the present applicant can be released on bail; particularly when she is in prison since 13.8.2009. It is, therefore, directed that pending her trial in pursuance to CR No.83 of 2009 registered at Akkalkot Police station, the applicant be released on bail in the sum of Rs.l0,000/- with one surety in the like amount subject to the condition that she reports to the Investigating Officer as and when called, she does not tamper with any witnesses and remains present on all dates of her trial, unless exempted. Applications stands disposed off. (R.S. MOHITE, J.)