1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4957 OF 2009 Sou.Sajabai Dagdu Kale ...Applicant vs. The State of Maharashtra ...Respondent So.S.P. Thorat i/b. Mr.Satyajeet Ligade for the Applicant. Mrs.P.p. Shinde, APP for the State. CORAM : V.M. KANADE, J. DATED : NOVEMBER 27, 2009 P.C. :- 1 The applicant is the mother of the deceased and she has been arrested on 25th April, 2009 for the offence punishable under Sections 302, 376, 201 read with 34 of the IPC. 2 A complaint was lodged by the applicant that her daughter was missing. On 26th February, 2009, the body of the deceased daughter of the 2 applicant was found in the forest area near Shirbhavi village and a complaint was registered vide AD No.16 of 2009. The applicant lodged the complaint with the Sangola Police Station on 18th April, 2009 and expressed her doubt on one Gorakh, accused no.1. The Sanola Police Station, therefore, registered the said office and two days thereafter on 20th April, 2009, the said Gorakh, accused no.1 was arrested. 3 During the course of investigation, accused no.1 made a statement before the police officer that he had illicit relations with the applicant and since the deceased saw them in compromising position, the accused no.1 committed rape and murder of the deceased. In view of the statement of the co- accused, the present applicant was arrested on 25th April, 2009. Chargesheet now has been filed on 28th July, 2009. 4 Shri Thorat, learned Counsel for the 3 applicant submits that apart from the statement of the co-accused, there is no other material on record to show the involvement of the present applicant in the commission of the said offence. 5 The learned APP for the State after going through the chargesheet which has been filed also fairly conceded that there is no other material on record except the statement of the co-accused. The present applicant had, in fact, lodged the complaint on 18th April, 2009 in which she had expressed her doubt on accused no.1. The several statements have been recorded of the persons living in the said village wherein they have stated that accused no.1 was involved in the several cases of molestation of women residing in the said village. In view of this position, in my view, the applicant deserves to be released on bail. 6 The applicant be released on bail in the sum of Rs.5000/- with one or two sureties in the 4 like amount for offence registered with Sangola Police Station, Solapur, vide C.R.No.117 of 2009 for the aforesaid sections. The applicant shall report to the concerned police station once in a month. 7 Application is disposed of. (V.M. KANADE, J.)