1 A IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.598 OF 2009 IN CRIMINAL APPEAL NO.596 OF 2009 Smt.Jaya Rama Gauda & Ors. .. Applicants V/s. The State of Maharashtra .. Respondents Ms.Anjali Patil for the applicants. Mr.D.P.Adsule, A.P.P. for the State. CORAM : A.R.JOSHI, J. DATED : JULY 6th , 2009. P.C. Heard rival submissions for some time on this application for bail during the pendency of the Appeal. Applicant original accused Nos. 1 to 4 were convicted for the offences punishable under section 376 of I.P.C. and sections 4,5 and 6 of Immoral Traffic (Prevention) Act, 1956 ( herein after referred as the said Act,1956). The maximum punishment of 7 years is awarded for the offence punishable under section 6 of the said Act, 1956. Accused Nos.1 to 3 were also convicted for the offences punishable under section 3 and 7 of the said Act, 1956. 2 2. Perused the notes of evidence produced with the application for bail also perused the impugned Judgment and order. It appears that for the offences punishable under section 376 imprisonment of 1 year and fine of Rs.2,000/- is awarded against all the applicants and maximum punishment of 7 years, as mentioned above, is for the offence punishable under section 6 of the said Act, 1956. Admittedly, during the trial bail was granted to all the applicants, however, accused Nos.2 and 3 could not avail the bail due to their financial constrains and accused Nos.1 and 4 availed bail. Bail was so granted for Rs.20,000/- each. It is submitted on behalf of the State that there is one more similar offence punishable under section 3,4 and 5 under PITA Act is pending against accused No.1 at Gavdevi Police Station in C.R.No.906 of 2006 and the matter is still pending before the Trial Court. The report on behalf of the same is taken on record. Reportedly, said sections are bailable and applicant No.1 is reportedly on bail in such matter, in fact she was on bail during the pendency of the matter in which impugned Judgment and order of conviction was passed. 3. Considering the above circumstances and considering the aspect of availability or otherwise of the applicants during the hearing of the appeal, in the opinion of this Court, present application can be allowed on certain conditions. Hence, the order : :: O R D E R :: 3 i. Bail application of applicant Nos.1 to 4 is allowed. ii. Applicant No.1 to 4 are released on bail on executing a P.R.Bond of Rs.20,000/- each with one surety for like amount or with two sureties of Rs.10,000/- each. iii. After availing the bail as above, applicant shall attend D.B.Marg Police Station once in every month on every 10 day between 10.00 am. to 12.00 noon, till the hearing and final disposal of the pending appeal. iv. With these directions, the bail application is disposed of. (A.R. JOSHI, J.)