1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4718 OF 2009 Miss Shobha Sukhdev Sabale ...Applicant vs. The State of Maharashtra ...Respondent Mr.Jeevan D. Sawant for the Applicant. Mr.H.J. Dedhia, APP for the State. CORAM : V.M. KANADE, J. DATED : DECEMBER 7, 2009 P.C. :- 1 Heard Counsel for the applicant and APP for the State. 2 The applicant has been arrested in connection with an offence punishable under Section 318 of the IPC registered with Tardeo Police Station vide C.R.No.89/2009. 3 A dead body of two day old child was found 2 in a plastic drum filled with half water. A complaint was registered and the applicant came to be arrested. According to the prosecution, the applicant was pregnant. The statements of the neighbours have been recorded. The prosecution case is, therefore, that the applicant was responsible for the murder of the said child. 4 There is no direct material on record to indicate that the applicant committed the said offence. The DNA report is inconclusive and does not disclose that she murdered the child. This being the position, in my view, the applicant deserves to be released on bail. 5 It is submitted that the applicant does not have a fixed place of residence in Mumbai since the room in which she was residing in is now given to some other person by the landlord. It is submitted by the Counsel for the applicant that the grand-mother of the applicant is a hawker in the 3 Tulsiwadi area of Tardeo. 6 The applicant, therefore, be released on bail in the sum of Rs.5000/- with one or two sureties in the like amount. The applicant shall report to the concerned police station once in a month. 7 The application is disposed of. (V.M. KANADE, J.)