1 2496.11 Cri.Appln. IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2496 OF 2011 in CRIMINAL APPEAL NO. 296 OF 2011 Shabanabee W/o Sk. Nawab APPLICANT VERSUS The State of Maharashtra RESPONDENT ..... Shri N.G. Shah, Advocate h/f N.S.. Ghanekar, Advocate for applicant Shri N.H. Borade, APP for the respondent /State ..... CORAM : U.D. SALVI, J. DATED : 28 th September, 2011. PER COURT : 1. Heard. Perused application and the copies of evidence. 2. The applicant/ accused who was charged of the offences punishable under Sections 307 and 342 of Indian Penal Code, 1860, has been found guilty of commission of the offence punishable under Section 326 of the Indian Penal Code, 1860, and sentenced to suffer R.I. for seven years and to pay fine of Rs. 2,000/-, in default to suffer simple imprisonment for six months. 2 2496.11 Cri.Appln. The appeal has been admitted and now the applicant seeks her release on bail. According to the prosecution, the applicant/ accused called one Sk. Altaf, a school going boy aged about ten years, to bath room at her residence on the pretext of showing rabbit to him, and thereafter, inflicted 21 injuries over the body of the victim with a shaving blade inside the bath room. 3. Only defence put-up by the applicant/ accused was that of plain denial. Learned Advocate for the applicant/ accused, submits that the applicant/ accused has been in prison since the date of incident i.e. 22-07-2010, and has high hope of success in the present appeal. Nothing more has been pleaded in the application for bail. 4. Learned APP for the State, resisted grant of bail to the applicant/ accused, on the ground that the offence committed is both gross and gory. 5. Besides oral evidence given by the child witness, the victim of the crime Sk. Altaf, there is detection of the human blood of ‘B’ group on the Saree, petticoat and Odhani found lying in the bath room, where the crime had taken place as well as on the blade which was discovered by the applicant/ accused from the 3 2496.11 Cri.Appln. roof of the bath room. Medical evidence reveals 21 incised wounds on the head, face, tongue, neck, hands and legs of the victim. There were unexplained incised wounds on the hands of the accused. PW-7-Dr. Rakh, Medical Officer who happened to examine the victim, deposed that the injuries noticed were possible with weapon, blade Muddemal article No. 6, before the Court and the victim has a blood group “B”. 6. All this taken together prima facie reveals dimensions of the crime and involvement of the applicant/ accused therein. One wonders how a lady could do such crime unless she was either mad or remorselessly cruel in attitude. It is not the defence of the applicant/ accused that she was lunatic. Certainly the act done by the applicant/ accused reveals her wild nature un-suited for civil society, and therefore, she is not a fit person to be enlarged on bail. The bail application is, therefore, dismissed. ( U.D. SALVI, J. ) SDM* September-11