/ 1 / IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1317 OF 2007 IN CRIMINAL APPEAL NO.531 OF 2007 Sachin Namdev Gogavle ...Applicant Vs. The State of Maharashtra ...Respondent --- Dr. Y.M. Chaudhary for Applicant (through Jail) Ms. M.H. Mhatre, APP for the State. ---- CORAM: V.M. KANADE J. DATED 19TH DECEMBER,2008 P.C. 1. Heard the learned Counsel appearing on behalf of the Applicant and the learned APP for the State. 2. Perused the report submitted by the Superintendent of J.J. Hospital. The Applicant has been given medical treatment. In the report, it is stated that he is still suffering from various ailments. The Applicant has been convicted for the offence punishable under section 397 of the Indian Penal Code and sentenced to suffer R.I. for seven years. The Applicant has already undergone two years of sentence. The record indicates that the Applicant was not carrying any weapon and no specific role has been attributed to him. / 2 / 3. The learned Counsel for the Applicant submits that under these circumstances, the offence alleged against the Applicant under section 397 is not sustainable. 4. There is much substance in the submission made by the Counsel appearing on behalf of the Applicant. The Applicant, otherwise, has undergone two years out of the said sentence. The report submitted by the Superintendent indicates that he is suffering from various ailments. Taking into consideration all these circumstances, in my view, this is a fit case where the Applicant deserves to be released on bail. 5. The Applicant be released on bail in a sum of Rs.5,000/- with one or two sureties in the like amount. He, however, shall report to Mulund Police Station once in a week. V.M. KANADE J.