cri-appa-888-10 jdk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 888 OF 2010 IN CRIMINAL APPEAL NO. 437 OF 2009 Mallama Vijay Harake ..Applicant Vs. The State of Maharashtra ..Respondent .... Mr. Vikas Shivarkar Adv. for applicant Mr. H.J.Dedhia APP for the State .... CORAM : SMT.RANJANA DESAI AND SMT.V.K.TAHILRAMANI, JJ. DATE : JULY 15, 2010 P.C.: 1 Applicant is original accused no.3 in Sessions Case No. 605 of 2006. She was tried for offences punishable under Sections 498-A, 304-B, 302, 504 r.w. 34 of IPC and under Sections 3 and 4 of Dowry Prohibition Act. By judgment and order dated 30.4.2009 the applicant has been convicted inter alia for offence punishable under Section 302 read with 34 of IPC and sentenced to life imprisonment. cri-appa-888-10 2 Appeal preferred by the applicant has been admitted. Her first application for bail has been rejected on 21.7.2009. Her second bail application has been rejected on 17.12.2009. This is third bail application preferred by her. 3 We have heard learned counsel for the applicant. Learned counsel for the applicant states that at present he will restrict his prayer only to the ground that the applicant be released on bail because her grand-son is suffering from “epilepsy ”. By order dated 3.2.2010 we had released Vijay Harake husband of the present applicant who is original accused no.1, on temporary bail of three months for the same reason. We are informed that Vijay Harake has surrendered to prison. Considering the fact that applicant ’s grand son is admittedly suffering from “epilepsy ” and there is nobody to look after him, we feel that the applicant deserves to be released on temporary bail of three months. Hence, the following order is passed. ORDER 4 Applicant-Mallama Vijay Harake is ordered to be released on temporary bail of three months in the sum of Rs.10,000/- (Rs. Ten thousand only) with one or two sureties to make up the amount. The period of three months shall start operating from the date the applicant is cri-appa-888-10 released on bail. After completion of three months from the date of release, applicant shall surrender to the prison. 5 Needless to state that while dealing with this application, we have not considered merits of the case and the applicant may, if she is so advised, prefer application on merits which will obviously be considered taking into account all the relevant factors. 6 Application is disposed of. [SMT. RANJANA DESAI, J.] [ SMT. V.K.TAHILRAMANI, J.]