1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3151/2009. (Pintibai d/o Shivaji Patil @ Sangita w/o Kiran Patil Vs. The State of Maharashtra.) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.BR Warma, Advocate for applicant; Mr.SG Nandedkar, APP for State. ___ CORAM : K.U.CHANDIWAL, J. DATE : 5 th October,2009. 1. Heard learned Counsel. 2. The accused/applicant - Pintibai d/o Shivaji Patil seeks pre-arrest bail in Crime No.78/2009, registered with Chopada City Police Station, for the offence under Sections 302, 498A r/w 34 of Indian Penal Code. 3. The factual details indicate the applicant - Pintibai is married daughter of one of the accused and sister of Sanjay Shivaji Patil. She was brought to parental home for the purpose of delivery and she has delivered on 31st July, 2009. 4. The incident with Chayabai has taken place on 7.8.2009 at around 6.00 a.m. In the first statement at 2.35 p.m. of Chayabai, she has not indicted the 2 present accused/applicant, however, the villagers and the neighbours, who were eye-witnesses to the events, have intimated as to what has actually happened at the place with said Chayabai, which gave rise to lodging of F.I.R. against husband and in-laws, including the present accused/applicant -Pintibai. 5. Reading the F.I.R., I find that by hearsay narration, the complainant informs that the applicant herein was instigating and it was so heard. Considering these aspects, though the death of Chayabai is a serious event, the matter involves inhuman treatment given to Chayabai by her in-haws or her husband. However, the role attributed to said Pintibai @ Sangeeta being minimal and she has delivered now of one month's old, further custody of the present applicant/accused is not warranted. 6. The applicant/accused – Pintibai D/o Shivaji Patil @ Sangita w/o Kiran Patil, be released on same bail as directed by order dated 9th of September, 2009. 7. It is clarified, grant of pre-arrest bail to present applicant/accused shall not be a parameter for considering bail application or other identical applications of other accused, as apart 3 from the role of the present applicant/accused, one of the factors, which was lingering was her delivery dated 31st July, 2009 and minimal chances of her getting from bed, indulging in such heinous activities. 8. Criminal Application disposed of in above terms. ( K.U.CHANDIWAL ) JUDGE bdv/cran3151.09