1 appa 285 of 2011 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.285 OF 2011 IN CRIMINAL APPEAL NO.629 OF 2008 Harun Rashid Noormohammad Mahidda .. Applicant. -versus The State of Maharashtra .. Respondent. Mr. R.V. Gupta, for the Applicant. Mr. S.A. Shaikh, APP for the Respondent State. CORAM: R.C. CHAVAN, J. DATED: 29th July, 2011 P.C. 1. This is an application for bail by a convict who has been sentenced to suffer R.I. for 7 years with fine of Rs. 3,000/- or in default R.I. for 6 months on each of the two counts, in 2 separate cases, for the offences punishable under Section 397 and 120(B) of the Indian Penal Code. The sentence in the first case would be over as per calculation of Superintendent, Central Prison, Nasik on 11th November, 2011. In that case the applicant has undertaken to pay the fine amount and in that case the applicant would be notionally released on 11th November, 2010 instead of 11th November, 2011, if the said period of sentence of one year in default of 2 appa 285 of 2011 payment of fine is reduced. Thus the second sentence would commence on 11th November, 2010. 2. The applicant has already earned set off of 3 years 5 months and 6 days, as per calculation sent by the Superintendent, Nasik Road Central Prison. Thus, after set off, the applicant is expected to be released on 25th May, 2015. Learned counsel for the applicant states that the applicant would pay fine of Rs.6,000/- and therefore, expected date of release would come to 25th May, 2014. Learned counsel for the applicant states that the applicant earned remission of one year and 24 days, therefore, the expected date of release from prison would be 1st May, 2014, if the fine in this case is paid. 3. Learned counsel for the applicant points out that the co accused who had been sentenced to R.I. for five years, has been admitted to bail by order of this Court passed on 15th February, 2010 in Criminal Application Nos 75 of 2010 and 76 of 2010. Since applicant in that case had been in custody for more than half the period of sentence and now in this case the applicant had suffered almost 3/4th of his sentence and he expects to be released on 1st May, 2013 i.e. after about one year and 10 months from today. 4. In view of this the applicant be released on bail on his furnishing P.R. Bond in the sum of Rs.10,000/- with one or more solvent sureties in the aggregate sum of Rs.10,000/-, on 3 appa 285 of 2011 the condition that the applicant shall report at the D.C.B. CID Unit, I, on first Sunday of every month pending final hearing of the appeal. Fine amount will have to be paid before the jail authorities and on applicant’s paying fine, the order granting bail to the applicant would come in force. (R. C. CHAVAN, J.)