(1) CR.APP. 2036.2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2036 OF 2009 Sau. Jaya Vijay Milkhe Age : 30 years, Occu.: Agri., R/o Shiral-Chichondi, Tq. Pathardi, Dist. Ahmednagar .. Applicant Versus 1] The State of Maharashtra (Copy to be served upon G.P. High Court Bench at Aurangabad) 2] Superintendent of Police, Ahmednagar, Dist. Ahmednagar .. Respondents Smt. S.S. Jadhav, Advocate for the Applicant Smt. S.B. Wadmare, APP for the Respondent-State CORAM : A.V. NIRGUDE, J. DATED : 3RD JULY, 2009 ORAL ORDER:- 1] The applicant is seeking anticipatory bail in crime no. 118 of 2009 of Pathardi Police Station, Dist. Ahmednagar. The applicant and her husband are accused of committing offences under section 324, 323, 504, 506 r/w. 34 of the Indian Penal Code. 2] The incident took place on 22.5.2009 at about 8:30 am. in the agricultural field of the (2) CR.APP. 2036.2009 complainant. The complainant stated that the applicant’s husband had grudge against him due to certain events that took place a few days back. Because of such grudge, the applicant and applicant’s husband rushed to him while he was working in his filed near the well. The applicant’s husband was armed with a spade. There occurred a quarrel and thereafter a fight. The applicant’s husband delivered blow of the spade on the abdomen of the complainant. The applicant thereafter pelted stone on the person of the complainant. The complainant was taken to hospital. It was subsequently revealed that due to the blow on the abdomen, his spleen was ruptured. The complainant was given medical treatment which included surgical operation etc. The applicant’s husband is in custody since 10.6.2009. 3] Although the incident took place on 22.5.2009, it was reported to the Police as late as on 27.5.2009 and no reason is assigned for the delay but it seems the delay is caused because of the seriousness of the injury sustained by the complainant. In view of the delay in making the complaint, there is possibility of false implication of the applicant who happens to be the wife of the main accused. Besides, there is no medical certificate on record to show that due to the applicant’s pelting of stone, the complainant (3) CR.APP. 2036.2009 sustained injury on his person. The applicant, I am told has three minor children. 4] The applicant deserves anticipatory bail. In the event of her arrest in this case, she shall be released on bail of Rs.5000/- (Rs. Five Thousand) with one surety in the like amount. 5] Criminal Application stands disposed of. Sd/- (A.V. NIRGUDE, J.) arp/3july9/cr2036.09