- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO.895 OF 2008 APPLICATION NO.895 OF 2008 APPLICATION NO.895 OF 2008 IN IN IN CRIMINAL CRIMINAL CRIMINAL APPEAL NO.790 OF 2008 APPEAL NO.790 OF 2008 APPEAL NO.790 OF 2008 Nandkumar Ramchandra Gaikwad & Ors. ...Applicants vs. State of Maharashtra ...Respondent Mr.S.P.Borade for the applicants Mr.Y.S.Shinde A.P.P. for State CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : MARCH 19,2009 : MARCH 19,2009 : MARCH 19,2009 P.C.: P.C.: P.C.: 1. Heard learned Advocate for the applicants and the learned A.P.P for State. This is an application for bail. The application is by the appellants who are accused 1,2 and 4. They have been convicted for offence 304 r/w 34 of the Indian penal Code and they have been directed to suffer R.I. for 7 years. They have also been convicted for offence under section 326, 324 r/w section 34 of the Indian Penal Code. For the offence under section 326 they have been sentenced to undergo R.I. for 7 years and for the offence under section 324, they have been sentenced to suffer R.I. for two years. 2. Perusal of the impugned Judgment shows that the applicants were not on bail during the pendency of the trial. The applicants were arrested on 9th January 2005. Thus, the applicants have already undergone sentence of 4 years and two - 2 - months out of the substantive sentence of 7 years. 3. In the case of Bhagwan Rama Shinde Gosai and others Vs. State of Gujrat [(1999 4 SCC 421], the Apex Court observed that when a convicted person is sentenced to a fixed period of sentence and when he files an appeal under any statutory right, suspension of sentenced can be considered by the appellate court liberally unless there is any statutory restriction against suspension. The Apex Court observed that if for any reason the sentence of a limited duration cannot be suspended, every endeavour should be made to dispose of the Appeal on merits otherwise a very valuable right of appeal would be an exercise in futility by efflux of time. When the appellate court finds that due to practical reasons such appeals cannot be disposed of expeditiously the appellate court must bestow special concern in the matter of suspending the sentence. 4. In the present case, the applicants have undergone more than half of the sentence. Considering the pendency of the very old appeals in this court where the accused are in jail, the appeal may not be heard before the period of remaining sentence is over. In the circumstances, a case is made out for grant of bail. 5. Hence, application is disposed of by passing the following - 3 - order : i) The applicants shall be enlarged on bail in the sum of Rs.15,000/- (fifteen thousand only) each with one or two local sureties in the like amount. ii) The bail is granted subject to condition that the applicants will report to Shahuwadi Police Station, District Kolhapur on first and third Saturday of every calendar month till the disposal of the Appeal. iii) The order granting bail will be given effect to only if the fine amount is deposited, if not deposited till today. JUDGE JUDGE JUDGE