1 APPA.101-1011 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 101 OF 2011 IN CRIMINAL APPEAL NO. 975 OF 2007 Perika Mani Devendra ..Applicant. Vs. The State of Maharashtra ..Respondent. -- Mrs. Anjali Patil, for the Applicant. Dr. F.R. Shaikh, APP for the State. -- CORAM: B. H. MARLAPALLE & U. D. SALVI, JJ. MARCH 11, 2011. P.C.: 1 Heard Mrs. Patil, the learned counsel for the Applicant, and Dr. Shaikh, the learned APP for the State. 2 The applicant (accused no.3) along with her two sons has been convicted by an order dated 7.8.2007 for the offences punishable under Section 304-B and 498-A both read with Section 34 of IPC, as well as Section 302 read with Section 34 of IPC. The said order of conviction and 2 APPA.101-1011 sentence has been challenged in Criminal Appeal No.975 of 2007 which is pending for hearing. The applicant’s plea for bail was rejected earlier in Criminal Application No.1289 of 2007 and this is the second bail application she has filed. 3 All the three accused are undergoing sentence as of now and all of them are in prison. 4 Mrs. Patil, the learned counsel for the applicant submitted that the applicant-accused being the mother and the fact that Criminal Appeal No.975 of 2007 is not likely to be listed for final hearing though the paper book is ready, she deserves to be released on bail and more so, when she has been in jail for more than four and half years as of now. 5 Mr. Shivaji Arode, Sub-Inspector of Police and who was the Investigating Officer leading to Sessions Case No.632 of 2006 has filed an affidavit so as to oppose the application for bail. It is stated in the affidavit that though the applicant is in jail, her culpability is no way less than the other two accused and the Sessions Court has found her guilty not only of harassment and cruelty but also for pouring kerosene on the deceased. 3 APPA.101-1011 6 The applicant is a permanent resident of Mumbai and Mrs. Patil, the learned counsel for the applicant placed before us some documents like electricity bill, PAN Card and the hutment dwellers census certificate as well as the Identity Card so as to show that the applicant is a permanent resident of Mumbai and she is not likely to abscond if she is released on bail. 7 As per the present roster for Criminal Appeals (jail), the appeals are required to be listed chronologically and as of now we are hearing the appeals filed in the year 2003. Hence, in our assessment Criminal Appeal No.975 of 2007 is not likely to be listed for final hearing during this year. In any case, both her sons are in jail and in the peculiar facts of this case, it would be just and proper that the applicant be released on bail on certain conditions. 8 Hence, this Criminal Application is allowed and it is directed that the applicant-accused no.3 be released on bail of Rs.25000/- with one solvent surety in the like amount. She shall report to the nearest Police Station on every day except Sunday between 4.00 to 6.00 p.m. 4 APPA.101-1011 9 We also make it clear that this order will not be cited as a precedence for the remaining two accused. (U. D. SALVI,J.) (B. H. MARLAPALLE,J.)