-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRI. APPELLATE JURISDICTION APPLICATION NO.1406 OF 2007 IN CRIMINAL APPEAL NO. 1320 OF 2007 1. Ravindra Genuji Shejwal Age 33 years 2. Meena Ravindra Shejwal Age 22 years All resident of Kumbhari, Tal. Niphad, Dist.Nashik, Circle Jailor, Nasik Road Central Prison, ..Applicants Vs. State of Maharashtra ..Respondent ... Mr.A.P.Mundargi Advocate with Mr.Sachin Kadam Advocate for Applicants Ms.A.M.Mane APP for state ... CORAM: S.B.MHASE & CORAM: S.B.MHASE & CORAM: S.B.MHASE & SMT.V.K.TAHILRAMANI,JJ. SMT.V.K.TAHILRAMANI,JJ. SMT.V.K.TAHILRAMANI,JJ. DATE : FEBRUARY 29, 2008 DATE : FEBRUARY 29, 2008 DATE : FEBRUARY 29, 2008 P.C. P.C. P.C. 1. Heard. 2. This is the bail application of Original Accused Nos.1 and 2. Accused No.1-Ravindra is brother in law of the deceased while accused No.2-Meena is the sister in law of the deceased. Both have been convicted on the basis of two dying declarations of the deceased. Mr.Mundargi fairly stated that the -2- bail application for applicant no.1 Ravindra is not being pressed. However, he submitted that the accused no.2 is a woman and she is having child of two years and other child of 9 months and as a result of her imprisonment, the two minor children are with the applicant in jail. Therefore, it is submitted that taking all these circumstances into consideration in addition to the fact that during the trial, the applicant no.2 was on bail, she may be released on bail. 3. The learned APP opposed the prayer for grant of bail stating that even though the accused no.2 is a woman, she has indulged into an act of setting her sister in law on fire and at that time, she has not considered that she is also a woman. 4. The offence takes place in a particular circumstances and at that time, the person involved in the offence looses mental equilibrium. Therefore, the submission of the learned APP for the State is without any merit. What we find is that the applicant no.2 is having two children of the age of two years and another of 9 months. Taking into consideration these aspects in addition to the fact -3- that she was already on bail and she has not misused the bail, we are inclined to grant bail to the applicant no.2. Therefore, we pass the following order: ORDER ORDER ORDER 1) Criminal Application so far as Applicant No.1-Ravindra Shejwal is concerned, stands dismissed as being not pressed. So far as the applicant no.2-Meena Ravindra Shejwal is concerned, she be released on bail of Rs.10,000/- (Rs. ten thousand only) with like surety till the final disposal of the appeal. 2) Sentence to the extent of applicant No.2 is concerned, it is suspended till the final disposal of the appeal. 3) Application is disposed of accordingly. [SMT.V.K.TAHILRAMANI,J.] [ S.B.MHASE, J.] -4-