:1: appa.1281.11 ata IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1281 OF 2011 IN CRIMINAL APPEAL NO.708 OF 2011 Smt. Sheela D.Gautam ..Applicant Vs. State of Maharashtra ..Respondent Mr. Dnyaneshwahar Deshmukh,for Applicant. Dr. F. R. Shaikh,APP for State. CORAM :- V. M. KANADE & A. M. THIPSAY, JJ. DATE :- OCTOBER 13, 2011. P. C.: Heard. 2 The Applicant is convicted for the offence punishable under Section 302 of the IPC and sentenced to suffer RI for life. Prosecution case is that, the Applicant had delivered a male child at Vashi Municipal Hospital and because the child was constantly crying for about four hours, she took the child and put him in the drum filled with water. She, thereafter, confessed to the hospital staff that she had put the child in the drum and had killed the child by drawing it in the drum. 3 The learned counsel for the Applicant submitted that apart from the extra judicial confession, there is no material on record to connect :2: appa.1281.11 the Applicant with the commission of the said offence. On the other hand the learned APP submits that the extra judicial confession was given in the presence of four witnesses, who have in their evidence stated in clear unequivocal terms about the said confession. 4 After having gone through the evidence on record and judgment of the Trial Court, we are of the view that this is a fit case for grant of bail. Firstly, from the record it can be seen that the Applicant was not seen going to bath room by any witness and the extra judicial confession is the weak type of evidence. It may not be possible to convict the Applicant only on the basis of said extra judicial confession. Particularly, the Applicant being the mother of child, there were no reason for her to kill her own child in such a fashion. Taking an over all view of the matter, we are of the view that the Applicant deserves to be released on bail. 5 The Applicant is directed to be released on bail on execution of P. R. Bond in the sum of Rs. 10,000/- with one or two sureties in the like amount. 6 The Applicant shall report to the concerned Police station once in a month or on any other day which is convenient to her. ( A. M. THIPSAY, J ) ( V. M. KANADE, J.)