IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO.2326/2009 ( Maya Madhukar Domble ..vs.. State of Maharashtra) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---------------------------------------------------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -------------------------------------------------------------- - -- CORAM : S.R.DONGAONKAR, J. DATE : 7 th JULY, 2009 Heard Shri Jaltare, advocate, for the applicant and Shri Mandpe, APP, for respondent State. This is an application under Section 438 of Cr.P.C for grant of anticipatory bail. The order of the learned Sessions Judge perused. It is difficult to comprehend as to why he write such a big order. Admittedly, the applicant’s name is mentioned in the F.I.R and therefore, she must be apprehending arrest. Therefore, the question as to whether the applicant makes out a case that she is apprehending arrest or not, is not necessary to be considered. Only question to be considered is whether there is some possibility of false implication or implication on suspicion, of the applicant. F.I.R mentions the name of the applicant as first accused, whereas the father-in-law and mother-in-law are other accused as regards the alleged incident. It is submitted by the learned counsel for the applicant that the applicant is residing at about 2- 4 Kms away from the place of incident and therefore, there is a least possibility of her committing the alleged offence. In these circumstances, the possibility of false implication or implication on suspicion of the applicant can not be ruled out. The interim order was passed on 24 th June, 2009. The same is, therefore, confirmed as follows. In the event of the arrest of the applicant for the offence under Sections 304-B, 498-A, 34 of the I.P.C in Crime No. 169/2009 registered by the Police Station Panchpaoli, Nagpur, she be released on bail on furnishing surety and P.R.Bond of Rs. 25,000/- subject to conditions that she will attend the Police Station Panchpaoli as and when directed by the I.O for the purpose of investigation, in writing, and shall not directly or indirectly tamper with the prosecution evidence. Liberty to the prosecution to move for cancellation of bail if the circumstances so warrant later. Application disposed of. Hamdast granted. JUDGE Rvjalit