1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH : NAGPUR Criminal Application No. 743 of 2010 IN Criminal Appeal No. 154 of 2009 [Mohd. Yasin Mohd. Sakur & another Vs. State of Mah.] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. A.M. Rizwy, Adv., for the applicant. Mr. M.J. Khan, APP for respondent. ----- CORAM : A.H. JOSHI AND A.P. BHANGALE, JJ. DATE : 06th January, 2011. 01. Criminal Appeal No. 154 of 2009 is preferred by Mohammad Yasin and Smt. Mumtaz Begum alias Sunna wife of Mohd. Yasin, Accused Nos.1 and 4 respectively, who along with other accused were convicted for offences punishable under Sections 302, 307 and 324 read with Section 34 of Indian Penal Code by Third Additional Sessions Judge, Amravati, in Sessions Trial No. 90 of 1997 vide Judgment and Order dated 21 st January, 2009. 2 02. Present application for bail is filed by only one amongst the appellants, namely Smt. Mumtaz Begum alias Sunna wife of Mohd. Yasin, Accused No.4. 03. This is second application for bail. First application was rejected with liberty to approach this Court for same prayer in the event the appeal is not heard within a reasonable time. 04. Heard learned Adv. Mr. A.M. Rizwy for the applicant and learned APP Mr. M.J. Khan for the respondent. 05. Learned Adv. Mr. Rizwy made a submission to support his plea for grant of bail, which is summarized as follows:- [a] The fatal assault, which has led to death as disclosed in Cause of Death in the Post- mortem Examination Report is stab injuries to the abdomen. These injuries are attributed to other accused persons. [b] The weapon of assault attributed to the applicant is a bucket and injuries caused due to assault made by applicant as narrated by 3 various witnesses concurrently, are described as Injury Nos. 6,7,15 and 18. These injuries are contusion and abrasion, and have, in no way, contributed to the cause of death. [c] The applicant has three marriageable daughters and all family members are in jail. 06. We have verified contents of the Judgment and appreciation of evidence done by learned Sessions Judge. 07. Injuries attributed to the applicant are Injury Nos. 6,7,15 and 18, which do not contribute to the cause of death. 08. On this sole ground, we are of the view that on what is seen prima facie is that the role of the applicant is such that it does not contribute either to the offence of murder, or attempt to murder. 09. Considering fact as to limited role of the applicant, the fact that she has three marriageable daughters who are left without care of parents, we are inclined to release the applicant on bail. 4 10. We, therefore, direct that the applicant Smt. Mumtaz Begum alias Sunna wife of Mohd. Yasin, Accused No.4, be released on bail on following conditions:- [a] On furnishing a Personal Bond and a Solvent Surety in a sum of Rs. 10,000-00 [rupees ten thousand only]. [b] At the time of furnishing bail bonds, the applicant shall furnish the address where she will stay, and shall also give an undertaking that in the event of change in address, the same shall be communicated to the Police Station concerned. [c] She shall attend the Police Station once in every month on any day from 1 st to 5 th of the calendar and mark the attendance. Judge Judge |Hedau|