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Saraswatibai W/O. Digambar Giri vs The State Of Maharashtra on 2 April, 2019

(1) ca1242.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

CRIMINAL APPLICATION NO.1242 OF 2019
IN APEAL/175/2002 WITH APEAL/175/2002 WITH
APEAL/175/2002 WITH APEAL/175/2002

SARASWATIBAI W/O. DIGAMBAR GIRI
VERSUS
THE STATE OF MAHARASHTRA

Mrs. Uma Bhosale, Appointed Advocate for the applicant
Mr. V.S. Badakh, APP for the respondent/State.

CORAM : S.M.GAVHANE,J.
DATED : 02.04.2019

PER COURT :-

1. Heard learned counsel for the applicant-

Saraswatibai w/o Digambar Giri and learned APP for the

respondent/State.

2. The applicant has filed appeal challenging the

conviction and sentence recorded against her for the

offences punishable under Sections 306 and 498A read

with Section 34 of the Indian Penal Code by the judgment

and order dated 14.03.2002 in Sessions Case No.134 of

1999 passed by the IInd Ad-hoc Additional Sessions Judge,

Parbhani. She has been sentenced to suffer Rigorous

Imprisonment for five years and to pay a fine of Rs.

500/- in default to suffer simple imprisonment for two

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(2) ca1242.19

months for the offence punishable under Section 306 read

with Section 34 of the IPC and further she has been

sentenced to suffer Rigorous Imprisonment for two years

and to pay a fine of Rs.500/-, in default to suffer

simple imprisonment for two months for the offence

punishable under Section 498A read with Section 34 of

the IPC. The applicant was released on bail as per order

dated 04.06.2002 by this Court. It appears that

subsequently as the applicant was absent Non Bailable

Warrant was issued against her and therefore after she

was brought before this Court in execution of warrant,

she was sent in jail. Considering the fact that after

filing the appeal the applicant was released on bail,

considering her age i.e. 70 years and the submissions

made by the learned counsel for the applicant, it is

just to release the applicant on bail. Therefore

following order is passed.

ORDER

(i) Application is allowed.

(ii) Applicant Saraswatibai w/o Digambar Giri be

released on bail on her furnishing PR bond of

Rs.15,000/- (Rs. Fifteen thousand) with solvent surety

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(3) ca1242.19

of like amount on condition that she shall attend the

hearing of the appeal as and when necessary.

(iii) Bail before the trial Court.

(iv) This is appeal of the year 2002. Fix the appeal

for final hearing as a last chance on 22.04.2019.

(v) Authenticated copy of this order be given to

the learned counsel for the applicant and learned APP.

[S.M.GAVHANE,J.]

ssp/Apr.19/ca1242.19

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