Chandrakalabai W/O. Dattatraya Gite v. The State Of Maharashtra

criap1717.16 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1717 OF 2016 IN CRIMINAL REVISION APPLICATION NO. 79 OF 2016 Chandrakalabai w/o Dattatraya Gite ..APPLICANT

VERSUS

The State of Maharashtra ..RESPONDENT Mr S. S. Thombre, Advocate for applicant;

Ms. R. P. Gaur, Addl. Public Prosecutor for respondent CORAM : N.W. SAMBRE, J.

DATE : 30th March, 2016 ORDER :

Heard.

2.

The applicant-accused is convicted by learned Assistant Sessions Judge, Ambajogai by judgment and order dated 7th November, 2008, passed in Sessions Case No.47 of 2006, for offences punishable under sections 306 and 498-A of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for five years and to pay fine of Rs.2,000/-, in default to suffer rigorous imprisonment for six months and to suffer rigorous imprisonment for one year and to pay fine of Rs.500/-, in default to suffer rigorous imprisonment for one month, respectively. The said judgment and order of conviction is upheld by learned Additional Sessions Judge, Ambajogai, vide judgment dated 15th March, 2016, passed in Criminal Appeal No.30 of 2008.

3.

It is claimed by the applicant that she was on bail before the learned Assistant Sessions Judge so also the learned Additional Sessions Judge.

criap1717.16 (2) 4.

The applicant is a woman, aged about 50 years. Thus, in the above background, in my opinion, it will be appropriate to allow the application. I, therefore, pass following order :- The substantive sentence imposed on the applicant shall stand suspended and she be released on bail on the same terms on which she was released by learned Additional Sessions Judge. Criminal Application stands allowed in above terms. (N.W. SAMBRE, J.) amj