1 APPA1097.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.1097 OF 2010 In CRIMINAL APPEAL NO.642 OF 2010 1. Ismail Mahamad Petkar 2. Faiyaj Ismail Petkar 3. Abida Ismail Khalpe : Applicants (Orig.Accused nos.1 to 3) V/s. The State of Maharashtra. : Respondent ..... Mr.V.T.Tulpule, Senior Advocate, i/b. Ms Nisha Parab and Mr.Harshad Kandalkar for the applicants. Mrs.A.S.Pai, Addl. Public Prosecutor for the State. ..... CORAM : D.D. SINHA & A.R.JOSHI,JJ. DATE : SEPTEMBER 14, 2010. P.C.: Heard the learned Senior Advocate for the applicants and the learned Addl. Public Prosecutor for the State. 2. At the outset, the learned Senior Advocate has submitted that though the Criminal Application for bail has been made by three accused, viz., Ismail Mahamad Petkar, Faiyaj Ismail Petkar and Abida Ismail 2 APPA1097.10 Khalpe, the applicant no.1 Ismail Mahamad Petkar and the applicant no.2 Faiyaj Ismail Petkar do not want to press this application at this stage and seek liberty to approach this Court after four months. The Criminal Application for bail in respect of Abida Ismail Khalpe is pressed at this stage. The learned Senior Advocate has submitted that apart from the merits of the matter, the applicant no.3 is a woman of 65 years of age. She was throughout on bail during the course of trial and had never mis- used the liberty granted to her. She has co-operated with the investigation and there is no complaint about her conduct or behaviour while she was on bail. The learned counsel, therefore, contended that the case of Abida Ismail Khalpe for grant of bail may be considered on the basis of these aspects. It is further submitted that though the evidence of the prosecution is not trustworthy, at this stage, the bail is sought on the above referred grounds. 3. The learned Addl. Public Prosecutor has submitted that in the present case, the prosecution has examined two eye-witnesses whose evidence is corroborated by medical evidence as well as dying declaration. However, it is not disputed that the accused Abida Ismail Khalpe is an old woman of 65 years of age. 3 APPA1097.10 4. Considered the contentions canvassed by the respective counsel. So far as the Criminal Application for grant of bail in respect of Ismail Mahamad Petkar and Faiyaj Ismail Petkar is concerned, the same is disposed of as not pressed at this stage with liberty as prayed for. 5. So far as the accused Abida Ismail Khalpe is concerned, it is not in dispute that she is an old woman of 65 years of age. It is not disputed that she was on bail during the course of trial and there was no complaint about her conduct while she was on bail. Considering the old age of the accused and the accused being a woman, we are inclined to release her on bail and her case is considered only from these aspects and not on merits. 6. In the circumstances, the applicant-accused Abida Ismail Khalpe be released on bail on furnishing P.R. Bond of Rs.5,000/- (Rupees Five Thousand only) with two sureties in the like amount. Criminal Application stands disposed of accordingly. (D.D. SINHA, J.) (A.R. JOSHI, J.)