-: 1 :- crim-1416/09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1416 OF 2009 IN CRIMINAL APPEAL NO. 120 OF 2008 Nasimbano Farid Shaikh ..Applicant. Versus The State of Maharashtra. ..Respondent Mr. Vijay Desai for the applicant. Ms. A. A. Mane, APP for the respondent. Coram : R. V. MORE, J. Date : July 27, 2010. P. C. : 1. Heard Mr. Desai, learned counsel for the applicant and Ms. Mane, learned APP for the State. This application is filed by appellant no.2 in above appeal for bail during the pendency and till final disposal of above appeal. 2. The applicant and her husband were charged for the offences punishable under sections 376, 506-II and 114 of the Indian Penal Code on the basis of complaint of one Mumtaz Begam Shaikh. The trial Court by its judgment and order dated 4th December 2007 convicted the husband of the applicant for the offence punishable u/s 376 and sentenced to suffer RI for the period of 7 years. The applicant was also srp -: 2 :- crim-1416/09 convicted for the offence punishable u/s 376 r/w 109 of IPC and is sentenced to suffer RI for 7 years and fine of Rs.2,000/- is imposed on her, in default of paying the fine, she is to undergo further RI for 6 months. 3. The above appeal is admitted on 8th April 2008. 4. During the pendency of trial, the applicant was in custody from 13-6-2002 to 27-1-2004. She was again taken into custody after her conviction by the order impugned in the appeal and till today she is in jail. The applicant has, thus, undergone imprisonment for the period of more than 4 years in relation to the aforesaid offence. 5. In Kamal v. State of Harayan reported in (2004) 13 SCC 526, the Apex Court granted bail to the appellant therein on the ground that the substantial period of sentence was already undergone by the appellant. So also, the appellant being woman, she is entitled to the benefit of provision of section 437 of the Cr.P.C. In these facts and circumstances, I am of the view that the applicant is entitled for bail. The application is therefore disposed of by passing following order. -: O R D E R :- (A) During the pendency and till final disposal of the above appeal, the substantive sentence imposed by the trial Court on the applicant is suspended on appellants executing bail bond in the sum of Rs.10,000/- -: 3 :- crim-1416/09 with one or two sureties in the like amount to the satisfaction of trial Court, and subject to following conditions. (i) The applicant shall deposit amount of fine before executing the bail bond, if already not deposited; (ii) The applicant shall not indulge into any criminal activities. (iii) The applicant shall report to Shahu Nagar Police station, Mumbai once in a week, on every Saturday, during 11.00 a.m. to 4.00 p.m. (iv) The applicant shall remain present in the Court at the time of final hearing of appeal. (R.V. MORE, J.)