1 CR.APLN.510.11-CR.APEAL.307.11.odt mnm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 510 OF 2011 IN CRIMINAL APPEAL NO.307 OF 2011 Asif Ashraf Hussain ...Applicant Vs. State of Maharashtra ...Respondent Mr. J.S. Padam, Advocate for the Applicants Mr. S.A. Shaikh, A.P.P for the State CORAM : SMT. ROSHAN DALVI, J. DATED : 4TH MAY, 2011 P.C. : 1. The Applicant has been convicted for offence under Section 392 of the I.P.C. He was the driver of the complainant. He claims that he was not paid his salary. He had a dispute with the Complainant. He was removed. He claims that false and fabricated case is filed against him. 2. Aside from the evidence of the complainant the recovery of the stolen articles are shown to have been made at the instance of the Applicant himself from his residence. The Applicant has challenged the recovery. The recovery has been made on the date he was arrested itself and within 4 days of the incident. The learned Judge has justifiably taken this recovery and drawn a presumption under Section 114 (a) of the Evidence Act. The Applicant has been identified upon the conversation with his wife. Case for release on bail on merits is not made out. 2 CR.APLN.510.11-CR.APEAL.307.11.odt 3. However the Applicant has been in custody since 15 th February 2009. He has been convicted on 24 th February 2011 for 4 years rigorous imprisonment and a fine of Rs.1000/-. Almost half the sentence is complete. 4. Under the judgment of the Supreme Court since all the accused are required to be released after half the sentence is served and since only 10 days remain for completion of half the sentence, that aspect can be dealt with in this application itself. Only on that ground the accused shall be released on bail on and from 16th May 2011 upon he furnishing bail of Rs.50,000/- with one or two sureties in like amount within 4 weeks from today. 5. The Applicant shall not leave the jurisdiction of this Court pending the Appeal. The Applicant shall report to the concerned I.O of the concerned Police Station every Monday at 12 noon pending the Appeal. 6. The Applicant shall also report to the relevant I.O the details of his employment and jobs from time to time. 7. Bail application is disposed off accordingly. (SMT.ROSHAN DALVI, J.)