1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL APPLICATION NO.5290 OF 2010 Jamila Mohammad Shaikh ...Applicant. v. The State of Maharashtra ...Respondents. Mr. S.G.Deshmukh i/by Dinesh Kolekar ,advs. For the Applicant. Smt. G.P.Mulekar, APP For the Respondent/State. CORAM : J.H. BHATIA, J. DATED : JANUARY 20, 2011. P.C. 1 Heard. The applicant is accused no.1 in Crime No.200 of 2010 registered by Swargate Police Station, Pune for the offences punishable under Section 302 r/w 34 of the I.P.C. 2 Prosecution case in brief is that the deceased Sunil Sharad Ahirrao had some love affair with the present applicant, who is accused no.1. Applicant is divorcee and was living with her daughter aged 11 years. For 3-4 years before this incident, applicant had sexual relationship with the deceased Sunil. One Zuber Shaikh, who is accused no.2, was a common friend. On 8.6.2010 at about 8.30 p.m. Sunil was chitchatting with the present applicant at her house. At that time, the accused no.2 Zuber also came there and asked him as to when he would 2 return the amount of Rs.10,000/- which the deceased had taken from Zuber. This resulted into altercations between the two. As per statement of Sunil recorded by Assistant Police Inspector, Swargate police station, after this altercation accused no.2 Zuber poured petrol like liquid from a plastic bottle, which he had with him, on the deceased Sunil. After that, he was set ablaze with matchstick but he did not notice whether he was set to fire; by the accused no.1 Jamila or the accused no.2 Zuber. In another statement recorded by the medical officer on the same day at 11 p.m., he had stated that after the dispute about the money, both the accused had poured petrol and set him ablaze. 3 Investigation is already completed. Charge-sheet is filed. No evidence is collected by the prosecution to show that the present applicant could have any motive to commit murder of Sunil. In view of the above referred statement of Sunil recorded by API, I find that it is a fit case to grant bail to the present applicant, who is a young lady. 4 Applicant be released on his executing PR in the sum of Rs. 20,000/- with one or two sureties in the like amount with condition that she shall not tamper the prosecution evidence. (J.H. BHATIA,J.)