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.1331 OF 2007 APPLICATION NO.1331 OF 2007 APPLICATION NO.1331 OF 2007 IN IN IN CRIMINAL CRIMINAL CRIMINAL APPEAL NO.476 OF 2005 APPEAL NO.476 OF 2005 APPEAL NO.476 OF 2005 Mohd. Yasin Gulam Mohd. Ghacha : Applicant. versus The State of Maharashtra : Respondent Ms.Anjali Iyer for the applicant. Mr.S.R.Shinde, APP, for the State. CORAM CORAM CORAM : A.P.DESHPANDE, J. : A.P.DESHPANDE, J. : A.P.DESHPANDE, J. DATED DATED DATED : JANUARY 30, 2008. : JANUARY 30, 2008. : JANUARY 30, 2008. P.C. P.C. P.C. 1. The present applicant has been convicted for commission of an offence punishable under Section 451 r/w Section 34 and Section 392 r/w Section 397 of the Indian Penal Code and sentenced to undergo R.I. for five years for 2 commission of an offence under Section 451 r/w 34 of the Indian Penal Code and further to undergo R.I. for seven years and fine for the commission of an offence under Section 392 r/w 397 of the Indian Penal Code. Both the sentence are to run concurrently. Hence the maximum period of sentence is seven years. 2. The applicant has been admittedly in custody for last four and half years. The applicant does not have any criminal antecedents and no case at present barring this appeal is pending against the applicant, is the statement made, which is not controverted by the Investigating Officer who is present in Court. The application moved by the co-accused was rejected by an order dated 28th June 2005. One of the grounds being that the accused No.1 herein was also facing trial in some other case under Sections 395 and 397 of the Indian Penal Code. As a period of four and half years is already over since the applicant is in custody, I deem it appropriate to release the applicant on bail. I have perused the impugned judgment. 3. In the result, I direct that the 3 applicant be released on bail on furnishing a bond in the sum of Rs.20,000/- with one local surety in the like amount. The applicant shall attend Gamdevi Police Station on 1st Sunday in each month till disposal of the appeal. The Application stands disposed of accordingly. [A.P.DESHPANDE,J] [A.P.DESHPANDE,J] [A.P.DESHPANDE,J]