1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3147/2009. (Kusumbai Bhatu 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, a female, in custody from 13th August, 2009 in Crime No.78/2009 registered with Police Station City Chopada for the offences under Sections 302, 498A r/w 34 of Indian Penal Code, seeks to be released on bail. 3. The Counsel submits, the spot panchanama rebels against the prosecution, as it is the case of the prosecution that victim was tied and controlled by a wooden pillar and then ablaze, the wooden pillar should have its symptoms, which are missing in the spot panchanama. There is no such ashes or traces of flames found to the roof where the incident of burn of Chayabai has taken 2 place. The Counsel further submits the applicant is not keeping well, she has been admitted is not in controversy. This also deserves consideration. 4. The statements of the adjoining witnesses and the complainant indicts the applicant/accused with her specific role in doing away with the victim Chayabai. Age of the applicant/accused or her status to be a female or not keeping well by itself will not be a ground to entertain bail application when there are specific allegations prima facie levelled against her showing her involvement in the heinous offence where said Chayabai was done to death. It is not possible to entertain such application and particularly when the investigation is in progress. 5. Criminal Application rejected. ( K.U.CHANDIWAL ) JUDGE bdv/cran3147.09