1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI.APPLICATION NO. 2922 OF 2009 Baban @ Avinash Lahanu Dhawade .. Applicant Vs State of Maharashtra .. Respondent Mr. P.D.Dalvi, Advocate for the Applicant. Mrs.S.D.Shinde, APP, for the Respondent. CORAM : D.B.BHOSALE, J. DATE : 09/07/2009 PC: 1. Heard learned counsel for the applicant and learned APP for the respondent. 2. The applicant is seeking bail in Sessions Case No.98 of 2009 arising from C.R.No. I-9 of 2009 of Mhatma Phule Chowk Police Station, Kalyan. The said crime has been registered against the applicant and another for having allegedly committed an offence punishable under sections 307,452,120-B read with with 34 of IPC. 3. I have perused the statements of the complainant-Dr. Mrunalini Lokhande, recorded within few hours after the T 2 occurrence, and on 10.2.2009. She has stated, in detail as to how she was assaulted by the accused persons in the night between 6.1.2009 and 7.1.2009. The accused persons were apprehended, while they were fleeing after commission of the offence, by the police constables, who were on petrolling duty at the relevant time. She has attributed specific overt act to both the applicants. According to the complainant, the applicant was hired by her husband to eliminate her. I have also perused the medical certificate. It supports the prosecution case. Mr. Dalvi, learned counsel for the applicant, submits that the husband of the complainant has already been released on bail and, therefore, the applicant is entitled for bail. In my opinion, merely because the husband has been enlarged on bail, does not mean that the applicant is also entitled for bail. The applicant actively participated in the commission of offence. In my opinion, this is not a fit case to enlarge the applicant on bail. The application is accordingly rejected. While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case uninfluenced by the observations made in this order. Application is disposed of. 3 (D. B. Bhosale, J.)