1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3363 OF 2009 Mrs. Rubina Rehmatali @ Maria Gorothy Tigga ....Applicant. V/s The State of Maharashtra Gamdevi Police Station. ....Respondent Mr. J.D. Sawant for the applicant. Mrs. Madhavi Mhatre, AGP for the State. CORAM: V.M. KANADE, J. DATE : 21ST AUGUST, 2009 P.C.: 1. Heard the learned Counsel appearing on behalf of the applicant and the learned APP appearing on behalf of the State. 2. Applicant was arrested on 24/11/2007 in connection with the offence punishable under section 381 read with section 34 of the Indian Penal Code. The learned Counsel appearing on behalf of the applicant submitted that this court by an order dated 11/2/2009 was pleased to reject the application for bail since the statement was made by the learned APP that only two 2 witnesses were to be examined and the trial would be over within two months. In view of the said statement, application for bail was dismissed and the Trial Court was directed to decide the case expeditiously within a period of two months. 3. It is now submitted that the Investigating Officer is yet to be examined and since he had met with an accident and had received fracture injuries to his legs, he was not in a position to attend the court. The fact remains that though two months time was given to prosecution by an order dated 11/2/2009 to examine the witnesses, the prosecution did not examine all the witnesses. The Investigating Officer met with an accident in the month of May 2009. His evidence could have been recorded by the court within two months from the date of order dated 11/2/2009. In any case, now the said witness may not be available for the purpose of recording of his evidence for some time. Applicant is in custody for last 20 months. The co- accused who is her husband has been released on bail. The learned APP for the State submitted that the applicant is permanently residing in Jharkhand and, therefore, she is likely to be absconded. This can be taken care of by imposing suitable conditions. Since the offence is not punishable with death or imprisonment for life, in my view, applicant is entitled to be 3 released on bail. 4. Applicant, therefore, be released on bail in the sum of Rs 5000/- with one or two sureties in the like amount. One of the sureties shall be a local surety. Applicant shall report to the concerned Police Station twice in a month between 11.00 a.m and 2.00 p.m on any Saturday or Sunday. 5. Application for bail is accordingly allowed in the aforesaid terms. 6. Application is disposed of. (V.M. KANADE, J.)