1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3092 OF 2010 Nandrabai Sakharam Jadhav ..APPLICANT -VERSUS- The State of Maharashtra ..RESPONDENT WITH CRIMINAL APPLICATION NO. 3136 OF 2010 Kesarbai W/o Anna Khelwane ..APPLICANT -VERSUS- The State of Maharashtra ..RESPONDENT ......... Smt. S.S. Jadhav, advocate for applicant in both applications Mr. N.H. Borade, A.P.P. for respondent in both applications ........ (CORAM : V.R.KINGAONKAR,J.) DATE : 1 st October, 2010. PER COURT : 1. These are the applications for bail. 2. Heard learned Advocate for both the applicant and learned A.P.P. 3. Both the applicants are women. Applicant-Nandrabai is the mother-in-law of deceased Nandabai whereas applicant- Kesarbai is said to be employer of her husband. 2 4. Perusal of the investigation papers, prima facie, show that deceased Nandabai used to suspect illicit sexual relationship between her husband Pandit and applicant-Kesarbai under whom he was working as labour. It appears that applicant-Kesarbai is widow and because of late arrival of her husband, deceased Nandabai suspected his infidelity. It appears from the investigation papers that on 20th June, 2010, there took place quarrel between the deceased and her husband when she expressed suspicion about his illicit relation with applicant-Kesarbai. It prima facie appears that the husband of the deceased assaulted her and thereafter forcibly administered insecticide to her. 5. It appears from the statement of Sahebrao Jadhav that he heard about consumption of insecticide by deceased Nandabai, and therefore, he visited her house. He noticed that Nandabai was whimpering and was lying inside the house whereas, her both children were present in the house. His statement shows that husband of deceased Nandabai i.e. accused Pandit and himself took victim Nandabai to the hospital. The statement of Sahebrao Jadhav also prima facie shows that Nandabai had consumed the poisonous insecticide and lying in the house. It appears that the statement of children of Nandabai prima 3 facie indicate that she was assaulted by her husband i.e. Pandit by means of a windpipe and he forcibly administered the insecticide to her. The statement of children i.e. Pravin and Pratibha, who are aged about 10 and 9 years, respectively, purport to show that the applicants picked up quarrel with deceased Nandabai and thereafter, Pandit assaulted by her by means of windpipe before the insecticide was administered to her. 6. It is admitted fact that now the charge sheet has been filed and the investigation is completed. Nothing is to be recovered from the applicants. 7. The applicants are women and are entitled to liberty. In ordinary course protective discretion is available with proviso to Section 437 is not spelt out by neighbouring witnesses. The child witnesses indicate their presence but do not state, in clear terms, about participation of the applicants while Pandit was administering the insecticide to deceased Nandabai. Considering these aspects, both the applicants are entitled to bail on certain terms. 8. In the result, the application is allowed. The applicants are directed to be released on bail on submission of Bail bond of Rs.25000/- each with one solvent surety to the satisfaction of the 4 Court of Sessions and on further condition that they will not enter limits of village Digaon during the pendency of the trial and will not contact any of the prosecution witnesses. The observations in this order be not considered by the Court of Sessions while deciding the matter on merits though some of the observations may be considered while deciding the bail application of Pandit. (V.R.KINGAONKAR) JUDGE gas/cri3092.10