1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (BA) NO.59/2011 (Smt. Hirabai Sahadeo Brahmane and one .vrs. State of Maharashtra) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. R.P. Joshi, Advocate for applicants, Mr. J.B. Jaiswal, APP for non-applicant/State. .......... CORAM : P.D. KODE, J DATED : FEBRUARY 21, 2011 Heard. The prayer for bail made by the applicants/women accused charge sheeted by Rajura Police Station, District- Chandrapur in connection with Crime No.124/2010 for offence under Section 302 r/w 34 of IPC, though vehemently objected by the learned APP, deserves consideration in view of the learned APP being not able to point out any other material from the charge sheet for repelling the submission of the learned counsel for the applicants that even accepting the account of incident as disclosed from the FIR and the statements of eyewitnesses and so also account of dying declaration made to the witnesses as reveals from their statement does not reveal that during incident the applicants were armed any weapons. Needless to add that perusal of the relevant material and particularly the material pertaining to 2 the dying declaration prima facie does not reveal precise role played by the applicants, except the generalize statement that after the deceased was tied he was beaten by the accused persons. The said material considered in the light of the account of incident as disclosed from the statements of four eyewitnesses namely Ashok Zade, Gajanan Gaurkar, Vitthal Tonge and Parshuram Shukracharya also does not reveal any specific role of the applicants having assaulted the deceased on the chest. Having regard to the same and taking into account the cause of death as revealed from the post-mortem notes, the submission of the learned counsel for the applicants that it is difficult to perceive the applicants were entertaining to murder of deceased prima facie cannot be said to give devoid of merit. Having regard to the same and particularly considering the gender of the applicants, their prayer for bail deserves to be considered by imposing certain conditions. Hence the order : The applicants are directed to be released on bail in connection with above stated crime upon each of them furnishing P.R. Bond in the sum of Rs.30,000/- with one solvent surety each in the like amount and subject to the conditions that the applicants - (i) shall attend the investigating officer in connection with the investigation in between 11.00 am to 2.00 pm on every day until further order. (ii) shall stay at the address mentioned in the application and shall not change the same without permission of the Court; 3 (iii) shall not indulge in any activity of tampering prosecution evidence, (iv) shall not commit any offence while on bail. The application stands disposed of. JUDGE Gulande