1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. CRIMINAL APPLICATION NO.1231/2010 IN CRI. APPEAL NO.139/2010 Satyabhamabai w/o Maroti Khanzode, age 50 yrs, Occ. Household, r/o Jodtala, Tq. and District Hingoli. Applicant. V E R S U S The State of Maharashtra, Copy to be served on Govt. Pleader (High Court of Bombay Bench at Aurangabad.) Respondent. Shri N.S. Ghanekar, Advocate for the applicant. Mr. N.R. Shaikh, learned A. P. P. for the respondent. CORAM : S. B. DESHMUKH & S.S. SHINDE, JJ. DATE : 21ST APRIL, 2010. PER COURT :- 1. Heard respective counsel for the parties. Rule. Rule made returnable forthwith. Heard finally by consent of the parties. 2. Present applicant along with other accused persons was tried for the offence punishable under section 302, 498-A r.w. 34 of Indian Penal Code. It was Sessions Case No.48/2008. Learned trial court after recording evidence in the case convicted/acquitted some accused persons as mentioned in the operative part of the judgment and order of sessions case. Present applicant was convicted for the offence punishable under section 498-A, 302 r.w. 34 of Indian Penal Code. The 2 date of the incident in the case on hand is 01.07.2008. Name of the deceased is person is Godavaribai. Present applicant, indisputably is mother-in-law of deceased Godavaribai. The learned counsel for the applicant, through judgment pointed out paragraph No.44. According to him, there is no material against the present applicant establishing involvement of the present applicant for the offence punishable under section 302 of the Indian Penal Code. Learned A.P.P. took us through the judgment of the trial court. 3. After hearing the counsel for the parties, and on examination of record and proceedings, which is available, with this Court in our opinion, its a case wherein sentence can be suspended and applicant can be released on bail during the pendency of the appeal. Counsel for the applicant has pointed out that present applicant was on bail during the trial of the Sessions Case. 4. Criminal application is accordingly allowed. We direct same bail, however fresh bonds. Bail bonds to be furnished in the trial court. Criminal application is allowed and disposed of. Rule made absolute in above terms. Hamdast permitted. We make it clear that if fine is not deposited, before release of the applicant on bail, said amount to be deposited in the trial court. ( S.S. SHINDE ) ( S.B.DESHMUKH ) JUDGE JUDGE. aaa/1231.10 .......