1 appa145510 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1455 OF 2010 IN CRMINAL APPEAL NO. 352 OF 2004 Kishore Manohar Maine ...Applicant V/s. State of Maharashtra ...Respondent Mr. Shreeram Shirsat with Mr. Niranjan Mundargi for the Applicant Ms. M.H. Mhatre, A.P.P., for the State. CORAM: A.M. KHANWILKAR AND A.R. JOSHI, JJ. DATE: 18TH JANUARY, 2011 P.C.:- This is second bail application filed by the applicant. The first bail application was rejected on merits. 2. In the present application, it is contended that the applicant is in custody since 29th December, 2002 in connection with the offence in question. The trial was concluded, and finding of guilt was recorded by the Sessions Court on 9th January, 2004. The appeal against the said 2 appa145510 decision has been admitted by this Court as back as on 19th July, 2004. In other words, the applicant has already undergone actual imprisonment of around eight years since his initial arrest. The fact that the applicant has already undergone around eight years of sentence is not disputed by the learned A.P.P. She submits that, as per her instructions, the applicant has already undergone 7 years, 11 months and 22 days of actual imprisonment, and, considering the remission period, the sentence undergone would be 9 years, 5 months and 29 days, as of now. 3. As the appeal pertains to year 2004, and is not included in the Final Hearing Board so far, coupled with the fact that there are no other antecedents against the applicant, except the submission made by the learned A.P.P. that, while he was released on parole on the earlier occasion, he overstayed parole period by 43 days, and since the appeal is unlikely to be heard immediately or in the immediate near future, the applicant deserves to be released on bail, keeping in mind the exposition of the Apex Court in Kashmira Singh v. State of Punjab, reported in AIR 1977 S.C. 2147. 4. In the circumstances, we order release of the applicant on bail in Sessions Case No. 26 of 2003, unless required in some other case, on the following conditions:- 3 appa145510 (i) The applicant shall furnish bail bond in the sum of Rs.15,000/- with one or two sureties in like amount. (ii) The applicant shall report to the nearest police station of his residence once in a month on the first Monday of every English Calendar month between 9 a.m. to 12.30 p.m. (iii) The applicant shall furnish his latest residential address to the local police station and shall not travel outside Ratnagiri without prior intimation of 48 hours in writing to the local police station and also disclose his travel programme and the contact place where he would visit. 5. Application is allowed on the above terms. A.R. JOSHI, J. A.M. KHANWILKAR, J.