1 jpc/- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 752 OF 2009 IN CRIMINAL APPEAL NO. 1321 OF 2008 Shabana @ Riyana Abdul Karim Shaikh .. Applicant Vs. The State of Maharashtra .. Respondent Shri Khan Abdul Wahab for the Applicant Ms. S. V. Gajare, APP for the State CORAM :SMT. MRIDULA BHATKAR, J. DATE : 24th July, 2009. ORAL ORDER 1. Heard. 2. The applicant- accused has preferred this appeal as she is convicted for the offence punishable under Sections 489(B), 420 and 34 of the Indian Penal Code. The accused was arrested on 21.9.2006 and since then she is behind the bar. She is punished for 5 years and has undergone two years and 10 months i.e. More than half of the period of sentence. Learned counsel for the applicant submits that the appeal is not likely to come up for hearing in near future and hence, placing reliance on the ruling in the case of Bhagwan Rama Shinde Gosai and others Vs. State of Gujrat, 1999 CRI L.J. 2568, he has submitted that the applicant accused be released on bail. In this ruling , the Hon ble Supreme Court ’ laid down that- 2 When a convicted person is sentenced to fixed period of sentence “ and when he files appeal under any statutory right, suspension of sentence can be considered by the appellate Court liberally unless there are exceptional circumstances. Of course, if there is any statutory restriction against suspension of sentence it is a different matter. Similarly, when the sentence is life imprisonment the consideration for suspension of sentence could be of a different approach. But if, for any reason the sentence of limited duration, cannot be suspended, every endeavour should be made to dispose of the appeal on merits more so when motion for expeditious hearing the appeal is made in such cases. Otherwise, the very valuable right of appeal would be an exercise in futility by efflux of time. When the appellate Court finds that due to practical reasons such appeals cannot be disposed of expeditiously, the appellate court must bestow special concern in the matter of suspending the sentence So, as to make the appeal right meaningful and effective ” 3. Learned APP submits that the period of remission is not to be counted at this stage. However, if the Court is inclined to grant the Bail, condition of two local sureties be imposed. 4. Having regard to period of sentence undergone by the accused and the period of sentence awarded and the ratio laid down in the ruling cited above, I am bound by the view taken by the Hon ble Supreme ’ Court. In the result, the application for bail is allowed with following conditions. i. The applicant-accused is directed to be released on Bail of Rs. 20000/- (Rs. Twenty thousand) with two local sureties of Rs. Ten thousand each. 3 ii. The applicant should not leave the State of Maharashtra without intimation to the concerned Police station i.e. Chembur Police Station. iii. The Applicant- accused shall report to the Chembur Police every first Monday of the month between 12.00 noon to 13.00 p.m. during the Pendancy of the Trial. (MRIDULA BHATKAR, J.)