1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.561 OF 2010 IN CRIMINAL APPEAL NO.651 OF 2008 Babasaheb Ashok Sanap ...Applicant Vs. The State of Maharashtra ...Respondent ----- Ms.S.D. Khot and Ammeta Kutti Krishnan for Applicant Mrs.R.V. Newton -APP for State ----- CORAM: V.M. KANADE J. DATED: 14TH JUNE, 2010 P.C. 1. Heard the learned Counsel appearing on behalf of the Applicant and the learned APP for the State. 2. This is a third application for bail. The earlier two applications for bail were rejected by this Court on merits. It is submitted by the Learned Counsel appearing on behalf of the Applicant that the Applicant has now undergone more than 50% of the sentence. The Trial Court had convicted the Applicant for the offence punishable under section 304 (B) r/w. 2 34 of the Indian Penal Code and sentenced to suffer R.I. for 7 years and also convicted for the offence punishable under section 498A r/w. 34 of the Indian Penal Code and sentenced to suffer R.I. for two years and to pay a fine of Rs.10,000/- and, in default, to suffer S.I. for four months each. 3. I am informed that the learned APP has tendered a certificate issued by the Superintendent of Kolhapur Central Jail, in which the Superintendent of Jail has stated that the Applicant was in judicial custody for 10 months and two days. The Applicant has actually undergone the sentence for 1 year, 10 months and 22 days and he is entitled for remission for 6 months and 4 days and, therefore, he has undergone 3 years, 2 months and 28 days of total sentence and, therefore, the Applicant has practically undergone 50% of the sentence awarded by the Sessions Court. 3 4. Apart from that I am informed that the other two accused have also been released on bail by this Court (Coram: Mr.R.S.Mohite J.) and, therefore, the Applicant seeks bail on the ground of parity. The Apex Court in several cases has held that if the Appellant undergoes 50% of the sentence, he should be released on bail since appeal is a statutory right given to the accused by the statute. Since appeal is not likely to be heard immediately in near future, the Applicant deserves to be released on bail on this ground though his earlier applications for bail were rejected on merits. 5. The Applicant, therefore, be released on execution of 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. 6. Application is disposed of. (V.M. KANADE J.)