1 (Cri appln 301 of 2010 in CRA 454 of 2010) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1191 OF 2010 IN CRIMINAL APPEAL NO. 710 OF 2010 Md.Irfan Abdul Gani ...Applicant vs. State of Maharshtra and Anr. ...Respondents ****** Dr. M.Shah Alam Khan for Applicant Mr.A.S. Shitole -APP for the State ****** CORAM: V.M. KANADE J. DATED: 29TH OCTOBER, 2010 P.C. 1. Heard the learned counsel appearing on behalf of the Applicant and learned APP for the State. 2. The Applicant is convicted by the Trial Court for the offence punishable under sections 397, 457 and 459 of the Indian Penal Code. He has been sentenced to suffer R.I. for seven years and pay fine of Rs.5,000/- and, in default, to suffer S.I. for three months for the 2 (Cri appln 301 of 2010 in CRA 454 of 2010) offence punishable under sections 397 and 459 of the Indian Penal code. For the other offence punishable under section 457 , the Applicant has been sentenced to suffer R.I. five years and pay fine of Rs.3,000/- and, in default, to suffer S.I. for two months. 3. It is submitted by the learned counsel for the Applicant that the Applicant has undergone 3 years of sentence and taking into consideration the period of remission, the Applicant has undergone more than 50% of sentence. 4. The learned APP for the State opposes to grant bail to the Applicant. He submitted that one other case is pending against the Applicant. 3. The Applicant has undergone 3 years of sentence and taking into consideration the remissions which are available to the Applicant, he has undergone more than 50%. In view of the number of judgments of the Apex Court since the Applicant has undergone 50% of the sentence and since the appeal is not likely to be heard immediately in near future on account of the pendency of the cases, the Applicant deserves to be released on bail. 3 (Cri appln 301 of 2010 in CRA 454 of 2010) 4. The Applicant be released on bail on execution of a P.R. Bond of Rs.5,000/- with one or two sureties in the like amount. He shall report to the concerned police station once in a month. Application for bail is disposed of. (V.M. KANADE J.)