Yaqoob, J. - By the instant motion, stay of operation of the conviction and sentence was prayed for. The application was filed alongside main appeal but remained pending so as to decide the appeal finally which could not fructify. Appeal has been admitted on 13.12.2612 but could not be finally decided as a result whereof in the order dated 20.11.2015, it was observed that the appeal is in queue, keeping in view the urgency it would be appropriate to list the bail application of the appellant for consideration on an early date, as such is listed today. No objections have been filed.

2. The star ground projected for release on bail is that the applicant along with her minor daughter is in the jail for the last more than eight years and her another daughter and son is being taken care of by other family members. The appellant having been in the custody for last more than eight and half years deserves to be released on bail

3. The position as emerge from the records is that in connection with case registered as FIR No. 62 2007 PS Surankote, four persons including the appellant during investigation were found involved in commission of offence punishable under sections 302/498- A/34, RPC. On completion of investigation, charge-sheet (challan) was presented. Same was committed to the trial court on 7.8.2007. After facing the trial, the other three accused have been acquitted whereas the appellant has been convicted vide judgment dated 1.12.2012 then she has been awarded sentence of life imprisonment. By now the appellant is in the custody for last more than eight years along with her minor daughter. There is no prospect of deciding the appeal in the near future as number of other criminal appeals are in queue for final hearing.

4. The concession of bail in favour of the appellant is warranted in view of three important circumstances:

(i) that she has been in the jail for the last more than eight years which means she has served a substantial part of her sentence;

(ii) she being a woman is entitled to the benefit of the proviso to Section 497, Cr.P.C.; and

(iii) she is stated to had given birth to twin female babies, one is with her in the jail and the another is being taken care of by family members.

5. From the judgment rendered in the case of Sanghian Pandian Rajkttmar & Anr. v. Central Bureau of Investigation & Anr., reported in 2014 (2) Crimes (SC) 222 : (AIR 2014 SC (Supp) 1589) Para 22 is advantageous to be quoted:

"22. In the light of the details, allegations in the charge-sheet filed before the court, many of the co-accused were granted bail by the trial court/High Court and this Court and of the fact that both the appellants are in custody for nearly 7 years pending trial and also in view of the fact that it would not be possible for the special Court to conclude the trial within a reasonable period as claimed by learned ASG, we are inclined to consider their claim for bail."

6. In the case on hand, three accused have been acquitted whereas the appellant has been convicted and has remained in the custody for more than eight and half years. Therefore, applying the ratio of the judgment cited above, appellant deserves concession of bail.

7. The Co-ordinate Division Bench of this Court while disposing of Cr. M.A. No. 151/2012 vide order dated 19.02.2013 while noticing that the applicants therein have been in custody for more than twelve years observed that in such eventuality, mode and method of the commission of the alleged offence would not be deciding factor at least for the purpose of granting bail. That apart, it has also been observed that the appeal is unlikely to be taken for hearing in the near future. Thereafter, bail has been granted to the appellants who too had been sentenced to life imprisonment. Similar view has been taken by the other co-orindate Division Bench of this Court in the case of Bir Singh and others v. State of J. and K. which has been decided on 15.12.2015 in MP No. 03/2015 connected with Cri. Appeal No. 06/2005.

8. Normally concession of bail is not permissible when person is involved in commission of offence carrying capital punishment as is ordained by Section 497(1), CrPC but proviso to the section carves out exception in case of woman, sick and infirm person. In the present case, appellant is not only a woman, the another weighing factor is that her minor daughter is also in the custody with her and another daughter is being taken care of by the other family members.

9. Keeping in view the host of factors;

(i) the appellant having been in the custody for last more than eight years along with her minor daughter;

(ii) no prospect of disposal of the appeal in the near future; and

(iii) the appellant being woman.

10. The application seeking suspension of sentence and release on bail succeeds. The appellant is directed to be released on furnishing bail bond to the tune of Rs. 1,00,000/- (one lac only) to the satisfaction of the Registrar Judicial of this Court and the personal bond of like amount to the satisfaction of the Superintendent Jail concerned. The appellant shall ensure her presence on each and every date of hearing except for just cause.

11. MP disposed of accordingly.