1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4353 OF 2009 Vimalbai Namdeo Lashkar, Age-48 years, Occu-Labour, R/o.Mehkar, Dist. Buldhana APPLICANT VERSUS The State of Maharashtra RESPONDENT Mr.S.T.Shelke, learned counsel for applicant. Mr.N.B.Patil, learned counsel for respondent State. (CORAM : A.V.POTDAR, J.) DATE : 18/12/2009 PER COURT : 1. By the present application, the applicant has approached this Court for her release on bail in connection with Crime No.228/2009, registered in Taluka Police Station of Dist. Jalna for the offence punishable u/s. 302, 143, 147, 148, 149, 324, 323 of IPC as the investigation in the said offence is over and charge sheet is filed before the competent Court of Law. 2. Heard learned counsel appearing for applicant followed by the submissions of learned APP appearing for State. Also perused the papers of investigation till carried out as already the investigation is 2 over and charge sheet is filed. 3. Considering the submissions across the bar, it appears that the said offence came to be registered on the basis of complaint lodged by one Sunil Eknath Lashkar, r/w. Krupanagar, Jalna about the alleged incident took place on 12/08/2009, at around 2.30 p.m. During the said incident, it is alleged that the applicant and other family members have assaulted the father of complainant, mother of complainant and other relatives. Due to the said assault, the father of present complainant was seriously injured and he was admitted in the hospital and while under treatment, succumb to death. The other family members were also injured during the said incident. It is submitted across the bar on behalf of present applicant that the alleged incident took place on 12/08/2009 and at that time, the applicant was not present at Jalna, but she was present at Mehkar and was taking treatment in the Rural Hospital at Mehkar as OPD patient. According to learned counsel appearing for applicant, the distance between Mehkar and Jalna is about 100 kms. away, in the premise, claiming plea of alibi. This alibi can not be considered at this stage as those papers about treatment of present applicant as OPD patient in Mehkar is a question require to be considered. Apart from it, on perusal of allegations against the present applicant as stated in the complaint and as corroborated by the other witnesses, even though they are interested witnesses, who have witnessed the incident that during the said incident, this applicant has assaulted the mother of complainant with fist and kick blows. 3 4. Medical certificate about the treatment provided to Shantabai, the mother of complainant is on record. The injuries sustained by the said Shantabai can not be termed to be grevious injuries. At the same time, no allegations either by the complainant or by the eye witnesses that even though the present applicant was present at the time of alleged incident, she was holding any weapon and assaulted Shantabai with that weapon, but the only allegation that she assaulted Shantabai with fist and kick blows. 5. Even though the application is opposed by learned APP appearing for State that while considering the present application, this Court require to consider two aspects. As the applicant was arrested on 13/08/2009, but the arrest panchnama of the applicant is not on record as to from which place she was arrested, to ascertain whether she was arrested at Jalna or whether she was arrested at Mehkar as claimed by the applicant. At the same time, it can not be disputed that she was arrested in connection with this case and since then she is in custody. The next question require consideration whether she is having any direct nexus about the injuries sustained by which the death of father of the complainant was caused. Absolutely, there are no allegations to that effect against the present applicant other than she assaulted Shantabai. At the most, she will be the member of an unlawful assembly, who gathered at the spot and participated in the said incident. If it is so, as now the investigation is over and charge sheet is filed, a case is made out to enlarge the applicant accused on bail. In the premise, following is 4 the order : O R D E R 1. Application is allowed. 2. Applicant be released on bail on furnishing surety in the sum of Rs.10,000/- and on executing PR bond in the like amount. 3. After released on bail, applicant not to leave the local jurisdiction without previous permission in writing from the Investigation Officer concerned. 4. The applicant not to tamper with the witnesses of prosecution. 5. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/DEC 2009/cri.appl.4353-09