1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICAITON NO.1238 OF 2006 IN CRIMINAL APPEAL NO.1158 OF 2006 Sahebya Bajirao Pawar & anr. ..Applicants. V/s. State of Maharashtra. ..Respondent. Mr.Sandesh Deshpande for Applicants. Mr.R.V.Saste, APP for Respondent-State. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : APRIL 7, 2008. DATE : APRIL 7, 2008. DATE : APRIL 7, 2008. P.C. : P.C. : P.C. : 1. None appears. Dismissed for non-prosecution. 2. Later on Mr.Deshpande, advocate for Applicants appeared and mentioned the matter for restoration of the Application, as he was held up in some other court. For the reasons mentioned across the bar, request for recalling the order passed in morning session is accepted. Accordingly, Criminal Application is restored to the file to its original number and heard immediately. 2 3. Heard Counsel for the parties. The Applicants have been found guilty of the offence under section 395 r/w 397 of the I.P.Code and sentenced to suffer R.I. for 10 years. Having regard the fact that although the Appeal is admitted on 1st December, 2006 and is pending in this Court and that there is no likelihood of appeal being taken up for hearing in the immediate future; coupled with the fact that there are no antecedents against the Applicants, as is stated by the learned APP; and admittedly, half of the sentence awarded has already been undergone by the Accused so far, taking overall view of the matter in the interest of justice, Applicants are ordered to be released on bail on following conditions: (a) The Applicants Sahebya Bajirao Pawar and Ramdas Sarjerao Shinde are directed to be released on bail in connection with the offence in Sessions Case No.152/04, if not required in any other case, on executing bail bond in the sum of Rs.20,000/-each(Rs.Twenty thousand only) with one or two sureties in the like amount; and subject to payment of fine amount as specified by the Trial Court of Rs.1000/-each. 3 (b) The Applicants, Sahebya Bajirao Pawar and Ramdas Sarjerao Shinde shall report Gangapur Police Station, Nashik once in a month on 1st Monday of every English Calender month between 10 a.m. to 1 p.m. till further orders to be passed by this Court and/or disposal of Appeal. (c) The Applicants shall not travel outside the district Nashik without written permission of this Court. (d) The Applicants shall inform his latest place of residence immediately after being released and/or change of residence, if any from time to time, to the Sr.Inspector of Police, Gangapur Police Station, where he would report. (e) The Applicants shall deposit passport, if any, with the Sr.Inspector of Police, Gangapur Police Station within three weeks from the date of his release, which will be retained by the said Sr.Inspector of Police till further order to be passed by 4 this Court. In case, the Applicants do not have any passport or has already deposited the same with any Authority, shall file affidavit to that effect within three weeks from the date of his release in this Court. 5. Application disposed off on the above terms. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)