1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION NO.183 OF 2009 IN CRIMINAL APPEAL NO.196 OF 2006 (Smt. Chandrabhaga wd/o Bhaguram Sitapure vs. State of Maharashtra) __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : D.D. SINHA AND P.B. VARALE, JJ. DATED : OCTOBER 14, 2009 Heard Shri Daga, learned Counsel for the applicant, and Shri Jichkar, learned Additional Public Prosecutor for the respondent. Criminal Application No.183/2009 is filed by applicant Chandrabhaga for grant of bail and suspension of sentence. Shri Daga, learned Counsel for the applicant, states that applicant is a lady and aged about 70 years. It is submitted that applicant was on bail during trial and after conviction, is in Jail for about three and half years. It is contended that the case of the applicant is covered by the decision of the Supreme Court in Anil Ari vs. State of 2 West Bengal (2009 ALL MR (Cri) 1753 (SC). The relevant observations of the Apex Court are in paras (6) and (13) of the said decision, which read thus : “6) On 29.9.2008, a Special Leave Petition was dismissed in respect of petitioner Nos. 2 to 4. Notice was issued qua petitioner No.1 only. Learned Counsel for the appellant Anil Ari submitted that the said appellant is nearly 70 years old and is in jail for nearly one year and that he was on bail during trial. 13) On the peculiar facts of the case considering the age of the accused appellant Anil Ari, we direct that he shall be released on bail on furnishing security of Rs.30,000/- with two sureties of like amount to the satisfaction of learned Additional District and Sessions Judge, Fast Track, Second Court, Contai, Purba Medinipur in Sessions trial No.112/2004 relating to C.R. No.432/1994. It is made clear that we have directed release of appellant no.1 only on considering the fact that he is 70 years old and not on consideration of the merits of the case.” It is contended that in view of the said decision of the Apex Court, the present applicant is entitled to be released on bail. Shri Jichkar, learned Additional Public Prosecutor for the respondent, though does not dispute the factual aspect of the matter, however, states that 3 applicant is convicted for the offence punishable under Section 302 of Indian Penal Code, which is a serious one and her earlier application for grant of bail came to be withdrawn. We have considered the contentions canvassed by the learned Counsel for the parties. The facts involved in the present criminal application are similar to one involved in the case before the Apex Court. In the instant case, the applicant was also on bail during trial and is in Jail for last more than three years. The age of the applicant is about 70 years. In that view of the matter, the aforesaid decision of the Apex Court is squarely applicable to the facts of the present case. In the circumstances, criminal application is disposed of with direction to the respondent to release applicant Chandrabhaga on bail on furnishing P.R. Bond of rupees ten thousand with one surety in the like manner. JUDGE JUDGE khj