1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 301 OF 2010 IN CRIMINAL APPEAL NO. 1340 OF 2007 Simla Shaila Tamang ...Applicant vs The State of Maharashtra ...Respondent Ms.Pranali Kakade for the Applicant. Mrs.R.V. Newton, APP for the State. CORAM : V.M. KANADE, J. DATED : APRIL 6, 2010 P.C. :- 1 Heard Counsel for the applicant and APP for the State. 2 The applicant has been convicted for the offence punishable under Section 376 read with 34 of the IPC and is also convicted for the offence under Sections 3 to 6 of the PITA Act and other provisions 2 of the IPC and sentenced to undergo RI for 7 years. 3 The applicant s application was rejected on 25.11.2008. Second application was rejected on 11th June, 2009 and the third application was rejected on 30th September, 2009. Liberty, however, was granted by order dated 25th November, 2008 to apply again if the appeal is not heard within six months. Though the other applications were filed and the hearing of the appeal was expedited but the bail was not granted on merits. The applicant is a lady who is 35 years of age and the appeal is not likely to be heard immediately in the near future and therefore, if the period of remission is taken into consideration, the applicant has undergone more than 50% of the sentence. Under these circumstances, therefore, the applicant deserves to be released on bail. 4 The applicant, therefore, be released on bail on execution of P.R.Bond in the sum of Rs. 3 5000/- with one or two sureties in the like amount. 5 Application, accordingly, is disposed of. 6 Appeal be shown on the final hearing board in the week commencing from 21st June, 2010. The applicant had filed two applications inadvertently. Application No.302/2010 is allowed to be withdrawn. (V.M. KANADE, J.)