1 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.677 OF 2009 IN CRIMINAL APPEAL NO.268 OF 2009 Mrs. Durgamma Kurumurti Channapagul .. Applicant -versus The State of Maharashtra & ors .. Respondents Mr. Rahul S Kate, advocate for applicant Smt V.R.Bhosale, APP for the State. CORAM: Smt. RANJANA DESAI & R. G. KETKAR JJ DATED: 9rd July, 2009. P.C. 1. Leave to amend. 2. The applicant alongwith three others was tried in the Court of Ad Hoc Sessions Judge, Solapur, in Sessions case No.66 of 2008 for the offences punishable under section 302 read with 34 of the Indian Penal Code. In short allegations against the applicant are that her 2 brother-in-law, poured Kerosene on her mother-in-law. Her husband and father-in-law caught hold of her mother- in-law and she set her mother in-law on fire. Her mother- in-law succumbed to burn injuries. By judgment and order dated 30th January, 2009 the learned Sessions Judge, convicted the applicant and other accused for the offence punishable u/s 302 read with 34 of Indian Penal Code and sentenced then to suffer RI for life. The applicant is in jail since November, 2007. The appeal filed by the applicant has been admitted. This is her application for bail. 3. We have heard learned counsel for the applicant at some length. He submitted that dying declarations do not inspire confidence. The prosecution has not proved its case beyond reasonable doubt. He submitted that the applicant has two young children and her entire family is in jail. Considering all these facts the applicant may be released on bail. He submitted that at least her prayer for temporary bail may be considered. 4. Smt V.R.Bhosale, learned APP opposed the grant of bail. 3 5. We have carefully perused the dying declarations. We do not find any glaring inconsistency between the two dying declarations. There is no reason for the Special Executive Magistrate, to implicate the applicant falsely. Therefore, in our opinion on merits, it is difficult to grant bail to the applicant at this stage. However, the applicant has two young children. One is l3 years old and the other is 11 years old. They are at present staying with their maternal grand mother at Gulbarga. Considering the fact that the entire family is in jail and looking into the tender age of the sons of the applicant, we feel that the applicant should be released on temporary bail for three months. Hence following order. ORDER. I) The applicant Smt. Durgamma Kurumurti Channapagul is ordered to be released on temporary bail for three months in the sum of 4 Rs.l5,000/- with one or two sureties to make up the amount. II) After expiry of the bail period, the applicant shall surrender to the jail. III)It would be open to the applicant to make separate applications for release on bail/furlough/parole on humanitarian ground. IV)The application is disposed of. (Smt. RANJANA DESAI, J) (R.G. KETKAR, J)