(1) CRI.APP. 3507.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3507 OF 2010 Shiubai W/o Sadashiv Bhande, Age : 40 years, Occu.: Household, R/o. Kawadgaon, Tq. Jamkhed, Dist. Ahmednagar .. Applicant VERSUS The State of Maharashtra, Through Police Station, Jamkhed, Tq. Jamkhed, Dist. Ahmednagar (Copy to be served on Government Pleader High Court of Judicature of Bombay, Bench at Aurangabad) .. Respondent ... Mrs. Madhaveshwari Thube (Mhase), Advocate for the Applicant Mr. N.H. Borade, APP for the respondent-State ... CORAM : V.R. KINGAONKAR, J. DATED : 18TH OCTOBER, 2010 ORAL ORDER:- 1. This is an Application under section 439 of the Code of Criminal Procedure. 2. The applicant is arrested in connection with crime no.I-153 of 2010 registered at Jamkhed Police Station for offences under section 323, 326, 302, 504 and 506 r/w. 34 of the Indian Penal COde. (2) CRI.APP. 3507.2010 3. The alleged incident occurred on 30.6.2010. According to the complainant, her nephew by name Bharat Sadashiv Bhande, alienated his agricultural land in her favour. However, he was cultivating the said land and a dispute about the right to cultivate the land was going on between them. On 30.6.2010, said Bharat alongwith Dashrath Bhore and others had gone to the agricultural land. The complainant alleges that said Bharat intended to sow the land with the help of the other persons including his mother i.e. applicant Shiubai, sister Priya and grand-mother Anusuya. He was also accompanied by Bajirao Bhande. The complainant and her husband alongwith father-in-law Janardan went to the agricultural lands at about 10.00 or 10.15 am. They noticed that Bharat and others were sowing land. On seeing them, said Bharat and others came running towards them. They assaulted her husband and the father in law by means of stick and "Rumane" (a stick used to hold the plough). In that course of beating, husband of the complainant and her father in law were (3) CRI.APP. 3507.2010 injured. She also was injured. Subsequently, her father in law died due to injuries, under medical treatment. 4. Heard learned Advocate for the applicant and learned APP for the State. Perused the investigation papers. 5. It appears that the investigation has been completed. The applicant is a woman. She is aged about 40 years and that the eye witness account does not specify as to how many blows were given by her. It is vaguely stated that she gave blows of stick on person of the injured husband of the complainant and also her father in law. It is difficult to infer that she dealt the vital blows on the person of the deceased. 6. The incident occurred in the agricultural land about which a dispute was going on between the parties inasmuch as the land was alienated by said Bharat to the complainant and the mutation entries were sought to be effected in her favour. It is yet to be determined whether the members of the family of (4) CRI.APP. 3507.2010 the complainant went to the agricultural land in their own rights to obstruct the sowing of the land by Dashrath Dhondiba Bhore to whom the lands was subsequently transferred by her nephew i.e. Bharat. Needless to say the incident occurred as a result of civil dispute about the right to possess and cultivate the land. In such a case, the question of possession plays an important role in order to determine as to who was the aggressor. 7. In absence of reliable evidence to show that the applicant used any dangerous weapon, and in view of the fact that the question of right to defend the possession or property is yet to be determined, and the applicant being a woman is entitled to legal protective discrimination available vide proviso appended to section 437 of the Cr.P.C., I am inclined to grant the bail Application. 8. In the result, the Application is allowed. The applicant is directed to be released on bail on furnishing of bail bonds in sum of Rs.25,000/- (Rs. Twenty Five Thousand) with one solvent surety (5) CRI.APP. 3507.2010 bond to the satisfaction of the Court of Sessions and on condition that she shall not contact any of the prosecution witness and shall make no attempt to tamper with the evidence of the prosecution. Sd/- [V.R. KINGAONKAR, J.] arp