1 906-209-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY srj CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATIONNO.209 OF 2011 Smt. Amina Kantharia & Another .. Applicants Vs. The State of Maharashtra .. Respondent. Mr. S.R.Kanuga with Ms. Sapna Nath i/b. Mr. Rahul Arote, for the Applicant Mr. Y.M. Nakhwa, APP for the Respondent-State. CORAM : A.R.JOSHI, J. DATE : 11th MARCH, 2011. P.C.: 1 Heard rival submissions for sometime on this Criminal Application filed by the Applicants,Original Accused in Criminal Case lodged against her by the Kandivali Police Station, in C.R.No.210 of 2010. 2 906-209-11.sxw 2 Said complaint was lodged by daughter-in-law of the present Applicant No.1, for taking action against husband of the complainant and other co-accused including present Applicants. Present Applicant No.1 is the mother-in-law of the complainant and Applicant is presently aged about 78 years old. 3 Separate Writ Petition No.3324 of 2010 is pending before the Division Bench, arises out of the same family dispute and the parties were directed to go for mediation process and the said Mediator’s report is awaited and the next date of the said Writ Petition is 21 st March, 2011, fixed for settlement. The said order was passed on 18 th February, 2011 by the Division Bench of which this Court was one of the members of the bench. 4 What is prayed in the present application is not for relaxation of the condition of the bail, but the order passed by the Additional Sessions Court, rejecting prayer of the Applicant No.1 for leaving India and for going to United Kingdom for Orthopedic treatment. The order passed by the Additional Sessions Court, Bombay on 22 nd February, 2011, rejecting the prayer of the Applicant, is challenged in the present application. 3 906-209-11.sxw 5 Considering the ailment of the present applicant and the documents annexed to the application, she is required to attend the Lancashire Teaching Hospitals for her Orthopedic treatment in March, 2011/April, 2011 and considering her age about 78 years old and considering the prospect or other wise of the said Applicants returning back to India, to face the trial, in the opinion of this Court, present application can be allowed and the order passed by the Sessions Court dated 22 nd February, 2011 is set aside. Applicants shall be at liberty to leave India after giving the schedule of the programme of leaving India, taking treatment abroad and coming back to India by end of June, 2011. Applicants shall also apprise concerned Sessions Court, with which the Session case is pending, regarding her whereabouts of abroad. The present order is passed on the condition precedent that the Applicants shall deposit Rs.1,00,000/- with the Sessions Court. The Session Court shall return the said amount to the Applicants on returning to India and on making such application. 6 With the above observations, Criminal Application stands disposed off. (A.R.JOSHI, J.)