1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION ABA NO. 207 OF 2011 ( Babita Punjabrao Dhage Vs. State of Maharashtra PSO Dhanaj (Bk.) Tah. Karanja Distt. Washim) ........................................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ........................................................................................................................................................................ Shri A. P. Tathod Adv for applicant. Shri N. R. Rode APP for non applicant/State. CORAM: M. N. GILANI J. DATED: 27th JUNE, 2011. . In the year 2001 one Sandhya had married to Sukhdeo resident of Amboda District Washim. Out of this wedlock she delivered one son and two daughters. One month before the incident Sandhya had visited her parents house and complained about the illtreatment meted out to her at the hands of her husband Sukhdeo. The said Sukhdeo was demanding Rs. 50,000/- for purchase of Tractor. After she returned to her matrimonial house, she had telephoned her parents that her husband was insisting for an amount of Rs. 50,000/-. On 22.02.2011 incident occurred. Sandhya was found dead in her house. Postmortem report revealed the ligature mark 2 encircling back of neck and one abrasion towards the neck. Two more abrasions, one on the left elbow and one on the right finger were noted. This points out homicidal death of Sandhya. Present applicant is the wife of brother of Sukhdeo. She stays with her husband Punjabrao in a different house. It is the prosecution case that on the fateful night Sandhya was beaten by her husband and thereafter he called his parents and the family members of the present applicant. On that basis it seems that inference is being drawn that all others are also involved in the offence of murder. The reply filed by the learned APP reads as under: "That there is a direct evidence against the present applicant. At the time of commission of the offence she was present on the spot and therefore, there is a prima facie case against the present applicant and hence the bail application filed by the applicant is devoid of any substance and merits and hence liable to be dismissed in the interest of justice." The demands were made by the husband of the deceased. The deceased was in his custody on the night of the incident. There are specific allegations of beating by her husband. Only fact that he had called his parents who were already present 3 in the house as well as applicant and her husband would by no stretch of imagination show involvement of the applicant. Charge sheet has also been submitted. In this view of the matter this is a fit case where discretion under Section 438 of Criminal Procedure Code can be exercised. In the event of arrest of the applicant in Crime No. 17 of 2011 of Police Station Dhanaj (Bk) Tq. Karanja (Lad) District Washim, she be released on bail on her executing PR bond in the sum of Rs.50,000/- with two sureties in the like amount. JUDGE svk 4