-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1214 OF 2010 IN CRIMINAL APPEAL NO. 437 OF 2009 Smt. Mallama Vijay Harake. ..Applicant. Versus The State of Maharashtra. ..Respondent. Mr. Vikas Shivarkar for the applicant. Mrs. M. M. Deshmukch, APP for the respondent. Coram : SMT. RANJANA DESAI & RANJIT MORE, JJ. Date : January 27, 2011. P. C. : 1. This is the fourth bail application of the applicant. The applicant is convicted, inter-alia, for the offence punishable under section 302 read with 32 of the Indian Penal Code and is sentenced to suffer life imprisonment and to pay fine of Rs.5,000/-, in default, to suffer R.I. for one month. The allegation against the applicant, inter-alia, is that she has alongwith other accused killed her daughter-in-law. The applicant was earlier released on three month’s temporary bail on the ground that her grand-son is suffering from epilepsy and there is no one to look after him. Admittedly, the husband of the applicant and her son are also in srp -: 2 :- jail for the same offence. The grand-son is 6 years old and is staying with two daughters of the applicant, who are young. 2. The present application is on merit as well as on humanitarian grounds. It is contended, inter-alia, that since there is nobody to look after the applicant’s grand-son, who is admittedly suffering from epilepsy and since earlier the applicant was released on three months bail and she has surrendered on time and during the time she was on bail she did not commit any untoward act, she may be released on bail so that she can look after her grand-son. Arguments are also advanced for the release of the applicant on merits of case. 3. Since the application for bail on merits has earlier been rejected and since there is no change in the circumstances, it is not possible for us to release the applicant on bail on merits. However, it is not disputed before us that the applicant’s grand-son is suffering from epilepsy and mental retardation. A copy of the letter dated 23/1/2011 addressed by the Senior Inspector of Police, Wanwadi Police Station, Pune to the learned Public Prosecutor to that effect is tendered in the Court today. The relevant medical record of the applicant’s grand-son is annexed to the said letter. It is taken on record and marked “X”. The applicant was earlier released on bail for three months and it is not disputed that while on bail her conduct was good. It may be stated here that the applicant -: 3 :- was on bail during the trial and after she was sentenced, she has been in jail for the period of one and half year. In the circumstances, in our opinion, only on humanitarian ground the applicant needs to be released on bail. Hence, the following order. -: O R D E R :- (i) The applicant Smt. Mallama Vijay Hakare is ordered to be released on bail in the sum of Rs.10,000/- with one or two sureties to make the amount. (ii) While on bail, the applicant shall report to Wanwadi Police Station, Pune once in a month. (iii) The application is disposed of. (Ranjit More, J.) (Smt. Ranjana Desai,J.)