1 APPA.40-2011 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.40 OF 2011 IN CRIMINAL APPEAL NO. 415 OF 2010 Swapnali @ Sapana Sharad Mahadik . ...Applicant. (Orig.Accused No.6) Vs. The State of Maharashtra ` ...Respondent. ---- Mr. N.V. Sawant, for the Applicant. Mrs. M.M. Deshmukh, APP for the State. --- CORAM: B. H. MARLAPALLE & U. D. SALVI, JJ. JANUARY 24, 2011. P.C.:- We have heard Mr. Sawant, the learned counsel for the applicant. 2. In Sessions Case No.642 of 2007 in all seven accused came to be tried for the offences punishable under Sections 396 and 398 of IPC and the trial court by its judgment and order dated 20.4.2010 was pleased to 2 APPA.40-2011 convict accused nos.1 to 7 for the offence punishable under Section 396 read with Section 34 of IPC. This order of conviction has been challenged by the applicant (Orig.accused no.6) in Criminal Appeal no.415 of 2010 which has been admitted on 16.6.2010. Hence, this application for bail during the pendency of the appeal. 3. The prosecution has examined in all 26 witnesses and PW-3- Rakesh Jain, PW-4-Mahesh Vyas, PW-6- Mitesh Shah were cited as the eye-witnesses and PW-7-Madhu Ahire was Panch for the memorandum of statement under Section 27 of Evidence Act at Exh.66 as well as the recovery panchnama Exh.67. The depositions of PW-7 do not state that the clothes of accused no.4 were recovered from the house of the applicant- accused no.6. However, the learned Trial Judge has referred to the evidence of PW-7 as well as the panchanama at Exh.66 and observed that as per PW-7 the clothes of accused no.4, stained in blood, along with chopper were recovered from the house of accused no.6. The panchanama at Exh.66 is only the disclosure of the place where the clothes were kept and its contents cannot be read as evidence in support of the prosecution’s case. 3 APPA.40-2011 4. In our, prima facie view, the applicant has made out a case for being released on bail and more so when she was on bail during the trial. Hence, this application is allowed and applicant is directed to be released on bail on furnishing a P.R. bond of Rs.50,000/- with one surety in the like amount, pending the Criminal Appeal, unless she is required to be detained in connection with the other offence. We also direct that the applicant shall report to the D.C.B.C.I.D., Unit-12, Dahisar, Mumbai once in a fortnight i.e. on Sunday between 3.00 to 6.00 p.m. She shall remain present before this court during its final hearing. (U. D. SALVI,J.) (B. H. MARLAPALLE,J.)