1 appa1069.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Criminal Application No. 1069 of 2010 IN Criminal Appeal No. 75 of 2006 Prakash Perumal Shetty ....Applicant Vs. The State of Maharashtra ....Respondent Ms. Mallika Ingle for the applicant. Mr. J.P. Yagnik-APP for the State. CORAM:- A.M.KHANWILKAR AND U.D. SALVI, JJ DATED:- SEPTEMBER 17, 2010 P.C. By this Application, it is prayed that the Applicant be released on bail. The Applicant has been convicted for offence punishable under Section 302 and is undergoing life imprisonment. The Applicant is in jail since 27th July, 2003. Considering the remission earned by the Applicant the total sentence undergone is over ten years. In that sense the Applicant has undergone substantial period of life sentence. During all this period, Applicant has not availed of any furlough or parole leave. Thus, the Applicant has undergone more than 50% of sentence 2 appa1069.10.sxw period, if the Applicant’s case is to be considered for premature release. 2. Counsel for the Applicant has justly pressed into service decision of the Apex Court in Kashmira Singh v/s. The State of Punjab reported in AIR 1977 Supreme Court 2147 to contend that presently the Appeals of convicts in jail which are being heard pertain to year 2002. It is, therefore, unlikely that the Applicant’s Appeal will be heard in the near future or atleast for another four years. By that period the Applicant would have virtually undergone the entire sentence period. In the circumstances, following the exposition of the Apex Court in the above said decision, we allow this Application and grant bail on the following terms:- i) The Applicant is ordered to be released on bail in connection with offence under Section 302 of I.P.C. being SC No. 829/2003 tried by the Sessions Court, Mumbai arising out of CR No. 246/2003 on furnishing bail bond in the sum of Rs. 15,000/- with one or two local sureties in the like amount. ii) The Applicant shall report to the local Police Station where he would reside, once in a month i.e. on first Monday of every English calender month between 10.00 a.m. to 1.00 p.m. and not to go out of Mumbai without prior written intimation of 24 hours to the local police in that behalf. iii) The Applicant shall keep the police informed about his whereabouts from time to time. 3 appa1069.10.sxw 3. Application disposed of accordingly. (U.D. SALVI, J) (A.M.KHANWILKAR, J)