1 appa2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 20 OF 2011 IN CRIMINAL APPEAL NO. 518 OF 2004 Shantanu Sitaram @ Anil Divekar ...Applicant V/s. The State of Maharashtra ...Respondent Mr. Vishal Kolekar for the Applicant Mr. K.V. Saste, A.P.P., for the State. CORAM: A.M. KHANWILKAR AND A.R. JOSHI, JJ. DATE: 28TH JANUARY, 2011 P.C.:- Heard the counsel for the applicant as well as the learned A.P.P. 2. The applicant has been convicted for offences punishable under Sections 302, 301, 404, 120(B) read with 34 of the Indian Penal Code by the Sessions Court, Satara, in Sessions Case No. 135 of 2001 for causing death of his wife Supriya. The applicant / original accused No. 1 had approached this Court by way of bail application on the earlier 2 appa2011 occasion, being Criminal Application No. 1089 of 2009, which, however, was rejected on January 13, 2010. Thereafter, he took out application for early hearing of the appeal, being Criminal Application No. 95 of 2010, which was disposed of with direction to place the appeal for final hearing in the first week of March, 2010. Almost one year has elapsed since then, but the appeal is not included in the Final Hearing Board. 3. In this background, the applicant has, once again, filed the present application for bail. This time, however, the applicant would like to confine the bail application on the argument that the applicant has already undergone substantial sentence period, and that there is no possibility of appeal being heard in the near future, in spite of order passed in that behalf in January, 2010. 4. The fact that the applicant has undergone actual imprisonment of about 9 years, 8 months and 9 days as on today is accepted by the prosecution. The learned A.P.P., in all fairness, points out that the period of sentence undergone by the applicant, including the remission period, would, in fact, work out to 11 years, 7 months and 12 days. Besides no other antecedent is reported against the applicant. The Jail Authorities have also certified good behaviour of the applicant. 3 appa2011 In addition, it is noticed that accused Nos. 3 and 4 are already on bail for quite some time. 5. We are conscious of the fact that the applicant is the brain behind the offence in question, who was responsible for murdering his wife. The fact remains that the appeal against the finding of guilt has already been admitted by this Court and pending since year 2004. As per the present assignment, all appeals covered under the category "Convicts in Jail" are treated as expedited cases. The oldest matter notified for hearing on present board pertains to year 1990, which has been remanded by the Hon'ble Supreme Court for re-hearing, followed by appeal of year 2002, being Criminal Appeal No. 509 of 2002. It is unlikely that the appeal of the applicant would come up for hearing in the near future. Since the applicant has already undergone sentence of almost 11 years, 7 months and 12 days, including remission period, it necessarily follows that the applicant has already undergone more than substantial part of the sentence period; and since it is not possible for this Court to take up this appeal in the near future, the applicant is justified in insisting for being released on bail. The applicant has relied on the observations of the Apex Court in the case of Kashmira Singh v. The State of Punjab, reported in (1977) 4 S.C.C. 291, to buttress his prayer for grant of bail. 4 appa2011 6. Taking over all view of the matter, in the interest of justice, we allow this application on following conditions:- (a) The applicant shall furnish bail bond in the sum of Rs.25,000/- with one or two sureties in like amount. (b) The applicant shall report to the nearest police station of his residence once in a month on the first Monday of every English Calendar month between 9.30 a.m. to 12.30 p.m. (c) The applicant shall furnish his latest residential address to the local police station and shall not leave Satara District without prior intimation of 48 hours in writing to the local police station and also disclose his travel programme and the contact place where he would visit. A.R. JOSHI, J. A.M. KHANWILKAR, J.