.{1}. IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.224 OF 2008 IN CRIMINAL APEAL NO.190 OF 2008 Smt.Tarabai Ananda Dighe. ..Applicant. Versus The State of Maharashtra. ..Respondent. .. Mr.Sandeep Shinde, Adv. for the Appellant. Mr.A.R.Patil, APP, for the Respondent-State. .. CORAM : S.B.MHASE AND CORAM : S.B.MHASE AND CORAM : S.B.MHASE AND SMT.V.K.TAHILRAMANI,JJ. SMT.V.K.TAHILRAMANI,JJ. SMT.V.K.TAHILRAMANI,JJ. DATED : MARCH 18, 2008. DATED : MARCH 18, 2008. DATED : MARCH 18, 2008. P.C.:- P.C.:- P.C.:- 1. Heard the learned Advocate for the applicant and the learned APP for the State. 2. The applicant-orig.accused No.6 has been convicted under Section 302 of IPC. The applicant is now seeking bail. 3. The applicant is a lady. As per the prosecution case, the applicant has assaulted the deceased with a stick. On perusal of the evidence of the complainant PW-9 Sanjay Dighe we find that his deposition is .{2}. silent about any role being played by the present applicant. Infact PW-9 Sanjay does not even mention the presence of the present applicant at the spot. The evidence of eye witness Rohidas Dighe is on the same lines that of Sanjay Dighe. There is only one eye witness i.e. Bhushan Dighe who is a child witness who has implicated the present applicant. The role attributed by him to the present applicant is that of giving stick blow by the applicant to the deceased. Looking to the fact that the applicant is a lady and looking to the fact that the complainant who is an eye witness does not have even mention the presence of the present applicant at the spot, we are inclined to grant bail to the applicant. 4. Applicant- Smt.Tarabai Ananda Dighe, to be released on bail in the sum of Rs.10,000/- (Rs.Ten Thousand Only) with one surety in the like amount. 5. Application is disposed of accordingly. [SMT.V.K.TAHILRAMANI,J.] [S.B.MHASE,J.] [SMT.V.K.TAHILRAMANI,J.] [S.B.MHASE,J.] [SMT.V.K.TAHILRAMANI,J.] [S.B.MHASE,J.]