1 FARAD CONTINUATION SHEET. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION N O.2035/2009. Sau.Shalini Purushottam Londhe ..vs.. State of Maharashtra -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, office Memoranda of Coram Court's or Judge's appearances, Court's orders or directions order and Registrar's order. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Mr.R.M.Patwardhan, Adv. for the applicant. Mr.Mandpe, APP for the State. CORAM: C.L.PANGARKAR,J. DATE : 2nd June, 2009. 1. Heard learned counsel for the applicant as well as learned Additional Public Prosecutor for the State. 2. This is an application under Section 439 of the Code of Criminal Procedure. It is alleged that on the date of the incident four persons namely; Mahendra, Amol, Manoj and Purushottam entered into the house of Pramod Kukade at 11 p.m. They had come to the house of Pramod in search of one Mangesh – a relative of Pramod. As soon as these four persons entered the house, it is alleged that Mangesh, who was in the house, ran away from there. The accused gave threats to the 2 inmates of the house and had broken the T.V.Set. Hearing the commotion, husband of the complainant Pramod Kukade came there. He was dragged out of the house by these four persons and was assaulted with sword and sticks. He died on the spot and the accused persons then ran away. Later, Smt.Vaishali – wife of deceased Pramod lodged report with the police station. Upon this report, offence came to be registered under Section 452 read with 302 of the Indian Penal Code. The accused were arrested by the police. During the course of the investigation, the Officer investigating the crime recorded the certain statements of the witnesses. It is alleged that some of the witnesses made a statement before the him that the present accused/applicant, who happens to be the mother of Narendra, was instigating these four persons to assault the deceased. Upon this, the present applicant/accused has been arrested by the police and she seeks bail. 3. The learned counsel for the applicant submits that the F.I.R. was lodged immediately after the incident, which discloses that only four persons named in F.I.R. entered the house and assaulted. The name of the applicant/accused does not appear in the F.I.R. nor there is any 3 whisper that any of the persons was instigating the assailants to do away with Pramod. In view of this, it is also apparent from the statements that no role in fact is attributed to the present applicant except that she had instigated the assailants. Considering her age and also the fact that her name does not appear in the F.I.R., she is certainly entitled to be released on bail. Hence, the order. The accused/ applicant be released on bail on her entering in to P.R. Bond of Rs.10,000/- (Rs.ten thousand only) with one surety in the like amount. Until the investigation is completed and charge sheet is filed, she will not leave the jurisdiction of the court and shall attend the Police Station Kotwali, Nagpur between 9 and 11 p.m. JUDGE. chute