:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE CRIMINAL APPELLATE SIDE CRIMINAL APPELLATE SIDE CRIMINAL APPLICATION NO.167 OF 2009 CRIMINAL APPLICATION NO.167 OF 2009 CRIMINAL APPLICATION NO.167 OF 2009 IN IN IN CRIMINAL APPEAL NO.531 OF 2007 CRIMINAL APPEAL NO.531 OF 2007 CRIMINAL APPEAL NO.531 OF 2007 Santosh Ramesh Vasniya ...Applicant/ Org.Accused No.2. v. The State of Maharashtra ...Respondent. Mr.V.K.Singh , adv. for the Applicant. Mr.A.S.Shitole, APP for the Respondent/State. CORAM: CORAM: CORAM: R.V.More,J. R.V.More,J. R.V.More,J. DATE: 16th March, 2009. DATE: 16th March, 2009. DATE: 16th March, 2009. P.C. P.C. P.C. 1. This application is taken out by original accused no.2 to enlarge him on bail. The applicant alongwith Sachin N. Gogavale, original accused no.3 and Santosh Temkar, original accused no.1 came to be convicted for the offences punishable under Sections 392 and 397 read with Section 34 of the Indian Penal Code and sentenced to suffer R.I. for seven years on each count. Substantive sentences were directed to run concurrently. Accused no.3 Sachin N. Gogavale filed Criminal Application No.1317 of 2007 for releasing him on bail during the pendency of the appeal. By the order dated 19th December, 2008, he was directed to be released on bail during the pendency of the appeal mainly on the ground that he has undergone more than :2: half of the period of sentence in custody. Accused no.1 Santosh Temkar also filed Criminal Application No.64 of 2009 for releasing him on bail and by the order dated 9th February, 2009, he was also released on bail on the similar ground. 2. It is not disputed by Mr.Shitole the learned APP that the present applicant/accused no.2 is in custody since last 44 months. Mr.Shitole also submitted that so far as the present applicant is concerned, there are no antecedents. In that view of the matter and in view of the decision of the Apex Court in Mansingh’s Mansingh’s Mansingh’s case (2006(1) SCC Criminal 279) (2006(1) SCC Criminal 279) (2006(1) SCC Criminal 279), the present applicant deserves to be enlarged on bail. Accordingly, I dispose off the application by passing the following order: i. Applicant be released on bail in the sum of Rs.5,000/- (Rupees Five Thousand Only) with one or two sureties in the like amount subject to the following conditions: ii. The applicant shall deposit fine amount, if not deposited earlier. iii. The applicant shall report to Mulund Police :3: Station on every Sunday. iv. The applicant shall remain present at the time of final hearing of the appeal. (R.V.MORE, J.) (R.V.MORE, J.) (R.V.MORE, J.)