drp {1} Cri. Application No.436/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.436 OF 2011 IN CRIMINAL APPEAL NO.36 OF 2011 Mahanandabai Babasaheb Dudhal APPLICANT Age-62 years, Occ-Household R/o Hivarsinga, Tq-Shirur Dist-Beed VERSUS The State of Maharashtra RESPONDENT ....... Mr.Joydeep Chatterji, Advocate for the applicant Mr.K.G.Patil, APP for respondent State ....... [CORAM : P.V.HARDAS, AND A.V.POTDAR, J.J.] DATE : 22nd February 2011 PER COURT: 1. By this application the applicant-original accused No. 2, seeks suspension of the substantive sentence of imprisonment and her enlargement on bail, pending the decision of the appeal. 2. Present applicant, along with original accused No.1, stands convicted for an offence punishable u/s 302 r/w 34 of the drp {2} Cri. Application No.436/2011 Indian Penal Code, 307 r/w 34 of the Indian Penal Code and 324 r/w 34 of the Indian Penal Code. The prosecution had alleged that the present applicant had held hands of the deceased, while original accused No.1 had stabbed the deceased. Similar allegations are made in respect of assault on the injured, wherein it is alleged that the present applicant had dealt a stick blow. The blow of a stick, by the present applicant, has been elicited by way of omission in the cross examination. Prosecution has examined the witnesses and the trial court, accepting the evidence and repelling the evidence of DW-2 in respect of alibi of the present applicant, has convicted and sentenced the applicant, as afore stated. 3. Submissions advanced before us by the learned counsel for the applicant, in respect of merits of the matter, do not impress us at all, as the submissions pertain to re-appreciation of the evidence, which cannot be done at this stage. Suffice it to states that the trial court has found adequate material against the present applicant for convicting and sentencing the applicant, as afore stated. It is urged by the learned counsel for the applicant that the applicant was on bail during the trial and the applicant is a lady, who is aged 62 years and is suffering from various age related ailments. The fact that the applicant was on bail during the trial and that she had not misused the terms of the bail, is also not a ground to axiomatically release the applicant on bail. However, since the applicant is a lady aged 62 years and was also on bail drp {3} Cri. Application No.436/2011 during the trial, we are inclined to allow this application on that score. 4. Accordingly, present application is allowed and the substantive sentence of imprisonment of the applicant is suspended and the applicant is directed to be released on bail, on the applicant executing PR bond in the sum of Rs.20,000/- with one surety in the like amount, to the satisfaction of the trial court. The applicant shall attend Shirur police station once in three months on first Saturday in between 8 and 10 a.m. Application is allowed as indicate above. [A.V.POTDAR, J.] [P.V.HARDAS, J.] drp/A11/criapln436-11