1 (cri appln 1014 of 2010 cr.appeal 1116 of 09) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1014 OF 2010 IN CRIMINAL APPEAL NO.1116 OF 2009 Mohd. Jamal Husain Ali Ahmed Shaikh ...Applicant Vs. The State of Maharashtra ...Respondent ****** Mr.Aniket Vagal for Applicant Mr.P.S. Hingorani -APP for the State ****** CORAM: V.M. KANADE J. DATED: 28TH OCTOBER, 2010 P.C. 1. Heard the learned Counsel appearing on behalf of the Applicant and the learned APP for the State. 2. The Applicant has been convicted for the offence punishable under section 489 C of the Indian Penal Code and sentenced to suffer R.I. for 5 years. 3. The learned counsel for the Applicant submits that taking into consideration the remission period of the Applicant, the Applicant has already under gone 3 ½ 2 (cri appln 1014 of 2010 cr.appeal 1116 of 09) years of the actual sentence and the other co-accused have been released on bail and on the ground of parity the Applicant deserves to be released on bail. 4. Mr. Hingorani, the learned APP for the State has vehemently opposed the submission made by the learned Counsel for the Applicant. He submits that the Applicant is a Bangladeshi National and that when he was arrested, he was found to be in possession of Rs.3,01,000/- notes. 5. The submission made by the learned APP for the State cannot be accepted. If the remissions are taken into consideration, the Applicant has already undergone 3 ½ years of sentence. The other co-accused have been released on bail. Therefore, on the ground of parity and on the ground that the Applicant has undergone more than 50% of sentence, the Applicant deserves to be released on bail. 6. The Applicant, therefore, be released on bail on execution of P.R. Bond of Rs.5,000/- with one or two sureties in the like amount. One of the sureties shall be a local surety. The Applicant shall report to the 3 (cri appln 1014 of 2010 cr.appeal 1116 of 09) concerned police station once in a month. Application is disposed of. (V.M. KANADE J.)