1 4.APPA-655-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.655 OF 2009 IN CRIMINAL APPEAL NO.775 OF 2009 WITH CRIMINAL APPEAL NO.775 OF 2009 Dharmendra Munir Gupta and 2 others. ..Applicants. Vs. The State (Union Territory of Daman, Diu & DNH) ..Respondent. .......... Mr.H.V. Kode, Advocate appointed as amicus curiae for the Applicants. Mr.D.A. Nalawade, Advocate for the Respondent. Mr.K.V. Saste, A.P.P., for the State. .......... CORAM : A.M. KHANWILKAR AND A.R. JOSHI, JJ. DATED : 12TH JANUARY, 2011. P.C. 1. Heard Counsel for the Applicants and the learned Counsel for the Union Territory. 2. In view of the evidence of daughter of Applicant No.2 which indicates complicity of the Applicants in the commission of crime, coupled with other evidence discussed by the trial Court to record finding of guilt against the Applicants, no case for bail is made out. 3. The Counsel for the Applicants submits that the Applicants have already undergone six years & four months of actual imprisonment and PPD 2 4.APPA-655-09 further, the Appeal pertains to year 2009 and it may take some time to mature for final hearing. Even so, this argument of the Applicants can be considered only after the Applicants have undergone at least 50% of the sentence period and if the Appeal does not mature for hearing within such time. 4. We, therefore, dismiss this Application by directing the respondent-Union Territory to file paper-book within six weeks from today. The R & P may be summoned within such time. As soon as the Appeal becomes ready for hearing, the same may proceed for hearing under the caption: “Convicts in Jail” as per its turn. 5. The Court expresses a word of gratitude to the learned amicus curiae for his able assistance for espousing the cause of the Applicants. 6. Copy of this order be sent to the Applicants who are in jail for information forthwith. (A. R. JOSHI, J.) (A. M. KHANWILKAR, J.)