IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPEALLATE JURISDICTION CRIMINA APPLICATION NO. 614 OF 2009 IN CRIMINAL APPEAL NO. 1269 OF 2008 Deepak Jaidev Malik @ Deepak Jaidev Singh ...Petitioner vs. State of Maharashtra ..Respondent Mr.Sudeep Pasbola for the Petitioner. Mr.D.P. Absule, AGP for the State. CORAM : V.M. KANADE, J. DATED : JULY 3, 2009 P.C. :- 1 This is a second application for bail filed by the applicant. 2 The applicant was convicted for the offence punishable under Section 307 of the IPC and sentenced to suffer R.I. For 5 years and to pay a fine of Rs.2000/- and in default, to suffer further R.I. for two months. His first application for bail which was filed in Criminal Appeal No.1269/2008 was rejected by this Court by Order dated December 17, 2008. 3 It is submitted that the applicant now has undergone three years and three months of sentence out of the five years of sentence which is awarded by the Sessions Court. It is, therefore, submitted that since the appeal is not likely to come up for hearing immediately in the near future, the applicant may be released on bail, otherwise, he will complete the entire sentence during the pendency of the appeal. It is also submitted that there are various discrepancies in the prosecution case. 4 The application for bail which was earlier filed by the applicant was rejected on merits. However, since now the applicant has already undergone more than 50% of the sentence and since the appeal is not likely to come up for hearing in the near future, in my view, it would be appropriate if the applicant is released on bail subject to certain conditions being imposed on him. 5 The applicant, therefore, be released on bail in the sum of Rs. 5000/- with one or two sureties in the like amount. The applicant shall not enter the jurisdiction of Greater Bombay during the pendency of the appeal. The applicant shall give his new residential address to the Superintendent of Police before his release from jail. He shall report to the nearest police station from his new residence once in a week. 6 The application is, accordingly, allowed and disposed of. (V.M. KANADE, J.)