( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3488 OF 2010 1. Amzad Fattu Ghorwade 2. Jameer Fattu Ghorwade 3. Jahir Fattu Ghorwade 4. Noorbee w/o Fattu Ghorwade 5. Imran s/o Jilani Mujawar All r/o Nalegaon, Tq. Chakur, Dist. Latur. APPLICANTS VERSUS 1. The State of Maharashtra 2. Superintendent of Police, Latur. RESPONDENTS .... Smt. Sadhana S. Jadhav, advocate for the applicants. Mr. N.H. Borade, APP, for the respondents/State, assisted by Mr. V.G. Sakolkar, advocate. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 15th September, 2010] PER COURT : 1. By this application, the applicants seek directions under section 438 of the Criminal Procedure Code. 2. Learned advocate for the applicants seeks to ( 2 ) withdraw the application, to the extent of the applicants No. 1 to 3 and applicant No. 5 and, therefore, it is disposed of to the extent of the said applicants. The application is pressed into service only to the extent of applicant No. 4 Noorbee. 3. Heard learned advocate for the applicants and learned APP. 4. On perusal of the investigation papers, it transpires that the incident occurred due to election dispute. The applicant - Noorbee was having the family relations with the injured. The complainant had contested the election and, therefore, the members of other group i.e. husband of the applicant No. 4, namely, Fattu Ghorwade were annoyed. It is alleged that said Fattu, his sons and other members of the family as well as other accomplices, assaulted the complainant Sattar in the evening of 3rd July, 2010 at about 5 p.m. Said Fattu and his sons assaulted the sons of the complainant by name Baba @ Firoz and Jafar. So far as assault mounted on Baba @ Firoz is concerned, it appears that the present applicant Noorbee has not been attributed any role, specifically, by using any dangerous weapon. The FIR does not ( 3 ) show that she was armed with any dangerous weapon and had any particular role to play in respect of the assault on deceased Baba @ Firoz or Jafar. She is aged about 65 years as stated in the application and moreover, the incident seems to have occurred as a result of election dispute. Therefore, it is also probable that the complainant attempted to rope in all the family members, whether the members had any participation in pursuance of common object or not. Under the circumstances, the present applicant - Noorbee is entitled to seek the discretionary relief and also in view of the fact that being old aged woman, protective discrimination is available to her. 5. In the result, the application filed by the applicants No. 1 to 3 and applicant No. 5 is disposed of as withdrawn, whereas that of the applicant No. 4, namely, Noorbee w/o Fattu Ghorwade is allowed and she is directed to be released on bail, in the event of her arrest, on furnishing of bail bonds in sum of Rs. 20,000/- (rupees twenty thousand), before the Arresting Officer and on condition that she shall attend the concerned Police Station on each Sunday between 10 a.m. to 3 p.m., for consecutive four (4) Sundays, or till filing of the chargesheet, whichever is earlier and shall ( 4 ) cooperate with the Investigating Officer during the investigation. The anticipatory bail will come to an end on filing of the chargesheet. [V.R. KINGAONKAR] JUDGE NPJ/criapln3488-10