IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 2930 OF 2009 Surekha Chandrakant Ghadge ..... ..... ...Applicant V/s The State of Maharashtra ..... ..... ...Respondent. Mr.J.Shekhar i/by M/s.J.Shekhar & Co., Adv. for the applicant. Mrs.P.P.Shinde, APP for the Respondent. CORAM: A.P.DESHPANDE, J. 21st August, 2009. PC: This is an application moved by the woman accused under section 439 of Criminal Procedure Code against whom an offence punishable under section 302 read with section 34 of IPC has been registered with Haveli police station in CR No.586/08. The applicant is in custody since November, 2008 i.e. for about a period of 10 months. According to the learned counsel for the applicant the applicant has four minor daughters aged 16, 14, 12 and 10 years to be looked after and there is no one else in the family to take care of the minor daughters. Touching the merit of the matter it is submitted that there is no eye witness to the incident and and there are only two circumstances which go to connect the applicant with the crime and the said two circumstances are; (i) extra judicial confession of the daughter of the present applicant who is a co-accused; (ii) recovery of weapon allegedly used in the crime i.e. sickle from the heap of hay kept in cattle shade. It is submitted that so far as extra judicial confession of co-accused is concerned same would be a very weak piece of evidence and in relation to the recovery of the weapon submission is that people had access to the place where from the weapon has been recovered. Motive for commission of offence attributed to the present 1 applicant by the prosecution is that the applicant’s husband had an affair with married daughter of the deceased. The husband of the applicant had moved out of the house of the applicant and was staying with the married daughter of the deceased and as the applicant asked the deceased about where abouts of her husband the deceased declined to provide the said information and being enraged with the non disclosure of whereabouts of the husband she assaulted the deceased and thereby committed her murder. Learned APP does not dispute that barring the circumstances referred to here in above and the motive that is sought to be attributed to the applicant there is no other material on record which connects the applicant with the crime. Having regard to the fact that the applicant is woman and having four minor daughters to look after and there being no one else in the family to look after minor daughters coupled with the fact that the applicant is in custody for last about 10 months and having regard to the material on record available against the present applicant in my view this is a fit case for grant of bail. Learned APP has submitted that the trial was fixed for evidence on 10.6.09 but on account of absence of advocate for the applicant trial could not proceed further. Be that as it may, even thereafter matter was adjourned on many occasions and the trial has yet not started. Having regard to the totality of facts and circumstances I allow the application and pass the following Order. In the result applicant shall be released on bail on furnishing personal bond in the sum of RS.20,000/- with one or two sureties in the like amount. The applicant shall attend Haveli police station on every Saturday between 3.00 to 5.00 p.m. till conclusion of the trial and as and when required by the IO. Application stands disposed of. 21.8.2009. 2