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 APPLICATION NO.1338 OF 2007 IN CRIMINAL APPEAL NO.785 OF 2005 1. Fardin Karim Pirjade. 2. Shabbir Karim Pirjade. ..Applicants. V/s. The State of Maharashtra. ..Respondent. Mr.Sandeep Salunke for applicants. Mr.Y.S.Shinde, APP for respondent-State. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : JANUARY 22, 2008. DATE : JANUARY 22, 2008. DATE : JANUARY 22, 2008. P.C. : P.C. : P.C. : 1. The Applicants have been convicted for the offence punishable under section 376(2)(g) r/w 34 of I.P.Code and sentenced to suffer rigorous imprisonment for 10 years and to pay fine. The applicants are in jail since 24th June,2004. On the earlier occasion, when the bail application was considered, this Court by Order dated 15th December, 2005 while rejecting the said bail application granted liberty to the Applicants to renew the prayer for bail after a period of six months in the event, appeal preferred by the applicants did not mature for hearing. It is seen that the appeal is ready for hearing. In fact, the same has been placed on board. 2 Although the appeal has been included in the final hearing board has not reached for hearing for more than one year. In this backdrop, present application has been filed in view of the liberty granted under Order dated 15th December, 2005. In fact, as per the said order the applicants could have filed present application much earlier. 2. Be that as it may, as the Applicants are in jail for over three and half years and that although the Appeal is ready for hearing and is not likely to be take up for hearing in near future, as it is at Sr.No.236, in the interest of justice, the prayer for bail is considered favourably on imposing conditions as noted below. 3. Accordingly, it is ordered that the Applicants be released on bail in connection with the conviction and sentence imposed in relation to the Session Case No.172 of 2004, during hearing of the Criminal Appeal No.785 of 2005 on following conditions: (i) The applicants shall furnish two sureties in the sum of Rs.15,000/- each. 3 (ii) The applicants shall not enter the area of South Solapur during the bail period. (iii) The applicants shall furnish their addresses where they would stay during the appeal period within one week from the date of release and also report to the nearest police station once in a week on Saturday between 4 to 5 p.m.. In the event the Applicants would later on change their place of residence shall give intimation to the Investigating Officer as well as the Local Police Station about such change and also furnish the name of the changed police station where they would report to comply with the bail condition. (iv) The applicants shall not threaten any of the witnesses or indulge in other offence while on bail. 4. Application disposed of on the above terms. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)