1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2816 OF 2009 Sarubai @ Saraswati Dagadu Doiphode .. Applicant. Vs. State of Maharashtra .. Respondents. Mr.Jaydeep D.Mane for the applicant. Mrs.S.D.Shinde A.P.P. for the State. Coram : D.B. BHOSALE, J. Dated : 13TH JULY, 2009 P.C. Heard learned counsel for the applicant and learned A.P.P. for the State. 2. The applicant is seeking bail in C.R.No.72 of 2008 of Pangari Police Station, District Solapur. The crime has been registered against the applicant and one another for having allegedly committed an offence punishable under sections 302 r/w 34 of IPC. 3. There are two dying declarations on record and in both the dying declarations it is alleged that the present applicant poured kerosene on the deceased and set her on fire. It is against this backdrop Mr.Mane, learned counsel for the applicant submits that the applicant is almost 80 years old and she is not keeping 2 well. He further submits that she cannot move without support and presently she is in the hospital. The applicant has produced election identity card issued by the Election Commission of India in 1994 showing her 64 years old. Mrs.Shinde, learned A.P.P., on instructions, from the officer who is present in the court confirms that the applicant is sick and cannot move without support and that presently she is in the hospital. Looking to her health condition the learned A.P.P. does not oppose her application for bail seriously. Hence the following order: The applicant to be released on bail in the sum of Rs.10,000/- with one or two sureties to make up the said amount, subject to the condition that the applicant shall report to the concerned police station as and when called. While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case uninfluenced by the observations made in this order. Application is disposed of. (D. B. Bhosale, J.)