SHAFIYA RUSTAM KHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Mr.Vaidya for the applicant and Mr.Thakur, APP, for the Respondent-State.

(2.) THIS application for bail is preferred by the applicant who is implicated as original accused no.2 in the incident of murder dated 25th August 1996. The co-accused is the husband of the deceased Hamida and surprisingly the applicant is the sister of the deceased, who is alleged to have illicit affair with the co-accused, who is the husband of her own sister.

(3.) BY now the applicant is in custody for than two months. Her involvement ins the murder could be either by with the help of Section 34 of I.P.C. or abetment. But she being a lady and she is not the assailant who has killed the deceased, I am inclined to grant her bail as the most of the investigation is completed and her custody is not required for the purpose of interrogation. The under trial prisoners could not be kept into custody by way of punishment, simply because there is a prima facie evidence of guilt of the accused. I, therefore, allow this application and pass the following order:-