(-1-) MGN IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, CRIMINAL JURISDICTION CRIMINAL APPLICATION NO.831 OF 2007 IN CRIMINAL APPEAL NO.683 OF 2007 Smt.Mirabai Pandharinath Gaikwad...Applicant Vs. The State of Maharashtra....Respondent Mr. Rameshwar N. Gite, for the Applicant Ms. Usha Kejariwal, APP for the State. CORAM: F.I. CORAM: F.I. CORAM: F.I. REBELLO REBELLO REBELLO & K.U.CHANDIWAL, JJ. K.U.CHANDIWAL, JJ. K.U.CHANDIWAL, JJ. DATED: 24TH JUNE 2008 DATED: 24TH JUNE 2008 DATED: 24TH JUNE 2008 P.C.: P.C.: P.C.: . This is an application for bail by original accused No..3. She is the mother of the accused No.1 and the wife of accused No.2. She has been convicted for the offence punishable under Section 302 read with Section 34 as also Section 201 read with Section 34 of the I.P.C. The present applicant has been acquitted of the offence punishable under Section 364-A of the I.P.C. 2. During the trial the applicant was not on bail. It is submitted on behalf of the applicant by the learned Counsel that the Applicant No.3 was not aware and had no knowledge of the purported acts committed by original accused No.1, though may be her son. It is, therefore,submitted that on the facts of this case the applicant ought to be granted bail, more so considering that she is a lady. (-2-) 3. From the cause title of Sessions Case it shows that the age of the applicant was 40 years when the matter was tried. The learned Judge on consideration of the evidence has recorded a finding that the applicant had knowledge and has further held that there was common intention on the part of the applicant herein with the accused Nos.1 and 2 in committing the murder of the deceased who was aged hardly 11 years. The body was found in the house of the applicant where she was residing with the original accused Nos. 1 and 2.The submission of the learned Counsel on behalf of the applicant is that she was not aware of the same. At this stage there is a finding of fact against the applicant. No defence evidence has been led to show that the applicant was not at the house for the period when the crime was committed and the body hidden. In these circumstance in our opinion it will not be possible at this stage to consider the application for bail. 3. The plea that she is a woman, in our opinion, can be no avail in the application for consideration of bail in a case where a young boy nearly aged 11 years has been killed for extortion. In the light of that the application for bail rejected. (-3-) (K.U.CHANDIWAL, J.) (K.U.CHANDIWAL, J.) (K.U.CHANDIWAL, J.) (F.I.REBELLO, J.) (F.I.REBELLO, J.) (F.I.REBELLO, J.)