- 1 - rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.426 OF 2010 (for bail) in CRIMINAL APPEAL NO.1139 OF 2008 Rachana Yogesh Pai ... Applicant vs The State of Maharashtra ... Respondent Mr.A.P.Mundargi,Sr.Advocate with Mr.Sachin Shintre i.b. Mr.Niranjan Mundargi for Applicant Mr.J.P.Yagnik A.P.P.for Respondent ... CORAM: B.H.MARLAPALLE & MRS.MRIDULA BHATKAR,JJ DATE: 8th April , 2010 P.C. 1. Heard Mr.A.P.Mundargi learned senior counsel with Mr.Niranjan Mundargi for the applicant and Mr.Y.P.Yagnik appearing for the State. The applicant prays for being released on bail during the pendency of Criminal Appeal No.1139 of 2008. 2. In Sessions Case No.210 of 2007, originally three accused were put on trial for the offences - 2 - punishable under section 302 and 201 read with section 34 of the Indian Penal Code and accused no.3 Sudesh Pai died during the pendency of the trial. Accused nos.2 and 3 are brothers and accused no.1 Rachna the present applicant is the wife of Yogesh. The learned Ad-hoc Additional Sessions Judge at Sewri by his order dated 1st September, 2008 was pleased to convict both the accused for the offence punishable under section 201 read with section 34 of the Indian Penal Code and accused no.1 has been in addition convicted for the offence punishable under section 302 read with section 34 of the Indian Penal Code and sentenced to suffer life imprisonment. She was taken in custody on 5th December, 2006 and both of them were released temporary on bail from 27th December, 2006 to 10th January, 2007. However, as of now she is undergoing sentence and her husband accused no.2 came to be released by us on bail as per our order dated 26th August, 2009 passed in Criminal Application No. 487 of 2009. 3. We have perused the reasonings set out in the order of conviction as well as the oral depositions of forensic expert Dr.S.Malini alongwith her report at Exhibit 71. The deceased by name Munna was the - 3 - domestic help in the house of both the accused and the deceased-accused along with his wife was occupying the flat on upper floor. The deceased was claimed to be around 18 years of age on the date of incident i.e. 26th November,2006 and was claimed to be dead while under medical treatment. The medical report indicated that he died a homicidal death on account of multiple stab injuries. Even as per the defence case, most of these injuries were attributed to the deceased-accused. 4. We have perused the consistent defence taken by the present applicant which also figures in the forensic report. She has a young son by name Priyansh. 5. We are therefore, satisfied that the applicant deserves to be released on bail during the pendency of Criminal Appeal No.1139 of 2010 but, on certain conditions: 6. Hence, this application is allowed and the applicant-Mrs Rachana Yogesh Pai is hereby directed to be released on bail in the sum of Rs.25,000/- and one surety in the like amount unless she is required - 4 - in any other criminal case. In addition, the applicant shall surrender her passport if valid as of now to the D.B.Marg police station forthwith. She is further directed to report to the said police station once in a week preferably on every Saturday or Sunday and during the time fixed by the said police station. MRS. MRIDULA BHATKAR, J B.H.MARLAPALLE,J - 5 -