1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1040 OF 2009 IN CRIMINAL APPEAL NO. 371 OF 2007 Subhashchand Lalsing Yadav ...Applicant/ (through jail) Appellant vs. The State of Maharashtra ...Respondent Mr.Shiva Patil appointed for the Applicant. Mr.A.S. Shitole, APP for the State. CORAM : V.M. KANADE, J. DATED : MAY 3, 2010 P.C. :- 1 Heard Counsel for the applicant and APP for the State. 2 The applicant has been convicted for the offence punishable under Section 376 of the IPC and sentenced to suffer RI for seven years. The 2 Applicant has filed this application through jail. 3 Heard the learned Counsel who is appointed to appear on behalf of the applicant. He submits that the applicant has already undergone almost 50% of the sentence and therefore, he deserves to be released on bail. 4 The applicant was taken in custody on the date of the judgment by the trial court i.e. on 5th April, 2007. He has deposited the amount of fine of Rs.16,000/-. Since the Apex Court in several cases had held that if the applicant has undergone 50% of the sentence during the pendency of the appeal, he deserves to be released on bail. 5 Under these circumstances, therefore, the applicant be released on bail on execution of P.R. Bond in the sum of Rs.5000/- with one or two sureties in the like amount. 3 6 This order be communicated to the Superintendent of Nashik Jail. The applicant s Advocate also shall inform the applicant about this order. 7 Application is disposed of. (V.M. KANADE, J.)