1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION NO.1991/2010 (Smt. Tai wd/o Shankar Meshram .vrs. State of Maharashtra) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. N.R. Bhishikar, Advocate for applicant, Mr. J.B. Jaiswal, APP for respondent/State. .......... CORAM : P.D. KODE, J DATED : JANUARY 17, 2011 Heard. The prayer for bail is opposed by the learned APP on the count of involvement of applicant during the entire incident being borne from the material collected by the prosecution i.e. the first informant and statements of eyewitnesses namely Kashinath, Badri and Ramesh. The learned counsel for the applicant has urged that the applicant being a lady of advance age is entitled for bail as even accepting the account of incident as borne from the said material neither transcend beyond herself being present at the site but does not reveal any specific role played by her nor any weapon being used by her during incident. The said submission of the learned counsel for the applicant 2 is prima facie found to be correct after perusal of the material collected by the investigating agency. The perusal of autopsy note reveals that deceased has died due to shock due to head injury sustained by him. Thus, having regard to role allegedly played by the applicant during the incident, prima facie, it is difficult to accept the prosecution submission that her involvement in commission of offence punishable with death and imprisonment for life is borne from same. Needless to add that material collected prima facie does not reveal the applicant being responsible for causing head injury to deceased. Furthermore herself being a lady, her prayer for bail will deserve consideration. Needless to add that the investigation is already complete. In the circumstances, the applicant/accused is directed to be released on bail in connection with Crime No. 183/2010 of P.S. Kalmeshwar for offence under Sections 302, 506 r/w 34 of IPC upon executing P.R. bond in the sum of Rs. 50,000/- with one or more solvent surety in like amount and subject to the conditions that the applicant : (i) shall attend the investigating officer in between 11.00 am to 12.00 noon on every Monday for a period of three months and, thereafter, on every Monday for next three months; (ii) shall stay upon the address mentioned in the application and shall not leave the same without the permission of the trial Court, (iii) shall not indulge in any activity of tampering prosecution evidence, (iv) shall not commit any offence while on bail. The application stands disposed of. 3 In view of disposal of main application, Criminal Application (APPP) No.1216/2010 also stands disposed of. JUDGE Gulande