1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.185 OF 2008 WITH CRIMINAL APPLICATION NO.213 OF 2008 Mr.Jaywant Vaze. ..Appellant. V/s. The State of Maharashtra. ..Respondent. Mr.J.A.Udaipuri for Appellant. Ms.P.P.Shinde, APP for Respondent-State. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : APRIL 7, 2008. DATE : APRIL 7, 2008. DATE : APRIL 7, 2008. P.C. : P.C. : P.C. : 1. None appears. Dismissed for non-prosecution. 2. Later on Mr.Udaipuri, advocate for the Appellant appeared and mentioned the matter for restoration of the Appeal and Application, as he was held up in some other court. For the reasons mentioned across the bar, request for recalling the order passed in morning session is accepted. Accordingly, Criminal Appeal and Application are restored to the file to its original number and heard immediately. 2 3. Heard Counsel for the parties. Perused the evidence on record. Arguable questions are raised. Admit. 4. Insofar as the Bail Application is concerned, as the Accused was on bail durig the trial and no untoward incident has been reported while on bail; coupled with the fact that there is no likelihood of Appeal being taken up for hearing in the immediate near future and more particulrly, because the evidence on record leaves much to be desired, as the prosecution has not examined independent witness nor recovery has been effected. For all these reasons in the interest of justice, it is ordered that the Applicant be released on bail on the following conditions. (a) The Appellant/Applicant Jaywant Shantaram Vaze is directed to be released on bail in connection with the offence in Sessions Case No. 29 of 2006, if not required in any other case, on executing bail bond in the sum of Rs.10,000/-(Rs.ten thousand only) with one or two sureties in 3 the like amount. (b) The Applicant Jaywant Vaze shall report Safala Police Station, once in a month on 1st Monday of every English Calender month between 10 a.m. to 1 p.m. till further orders to be passed by this Court and/or disposal of Appeal. (c) The Applicant shall not travel outside the district Thane and Mumbai without written permission of this Court. (d) The Applicant shall inform his latest place of residence immediately after being released and/or change of residence, if any from time to time, to the Sr.Inspector of Police, Safala Police Station, where he would report. (e) The Applicant shall deposit passport, if any, with the Sr.Inspector of Police, Safala Police Station within three weeks from the date of his release, which will be retained by the said Sr.Inspector of Police till further order to be passed by this 4 Court. In case, the Applicant does not have any passport or has already deposited the same with any Authority, shall file affidavit to that effect within three weeks from the date of his release in this Court. 5. Application disposed off on the above terms. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)