1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRI. APPLICATION NO.4424 OF 2008 IN CRI. APPEAL NO.843 OF 2008. (1) SUBHASH SHIVRAM SONONE (2) SAU.SANGITA SUBHASH SONONE Vs STATE OF MAHARASHTRA) _____________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders ______________________________________________________________________________________________ Shri Anil J. Thakkar, Advocate for Applicants. Shri T.A.Mirza, A.P.P. for State. CORAM : A.H.JOSHI & R.C.CHAVAN, JJ. DATED : JANUARY 30, 2009. 1. Heard learned Advocates for the parties. 2. This is an application for release of applicants on bail. The reasons assigned, interalia, are that, they have children of tender age, taking education in the school, and no one is there to look after them. 3. This Court had, after hearing the application, passed order on 17th January, 2009 and called upon the State to respond, by observations made in paragraphs 6 to 9 of the order. 2 4. The State has filed affidavit. It is seen that the children of the applicants are of 7, 5 and 4 years of age. Two amongst them were taking education in the school. However, from 22nd January, 2009 the admission of Atul Sonone and Priyanka has been cancelled and now all the children are with the mother-applicant No.2 in the jail. 5. It has also come on record, from the report of the police and the reply filed by the State, that the mother of applicant No.1 is old and blind. 6. Be the factual aspect of the case as it may, and the children having left the school, the fact remains that they were exposed to misery as the parents are in jail and mother-in- law of applicant No.2 is blind, children appear to be constrained to abandon the school education. 7. The appeal is not likely to be heard in near future. Considering the deprivation of the children the care and education in the house and society, and relying upon judgment of the Hon'ble Supreme Court, in Smt. Akhtari Bi Vs. State of Madhya Pradesh, 3 reported in 2001(1) B. Cr.C. 804(SC), this Court is satisfied that applicant No.2 has made out a case for releasing her on bail in these peculiar circumstances. 8. This Court, therefore, directs that applicant No.2 Sangita Sonone be released on bail on her furnishing personal bond and solvent surety in the sum of Rs.Ten Thousand. 9. Applicant No.2 shall place on record of this Court as well as furnish to the Police Station, Pathrot, District : Amravati her present address and changed address, if any, whenever change occurs in future. 10. The application is partly allowed accordingly. JUDGE JUDGE RR.