1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 586 OF 2009 IN CRIMINAL APPEAL NO. 487 OF 2009 Vithoba N. Sanap .. Appellant V/s. The State of Maharashtra .. Respondent. Mrs. S. G. Joshi and D. V. Mirajkar, for Appellant. Shri P. A. Pol, APP for State. Coram: A. R. JOSHI,J Date: 10th June, 2009. P.C. 1. Heard the rival submissions for sometime. Appeal is already admitted and that time bail application of present appellant accused no.1 was kept pending, while allowing the bail of appellant- co- accused by another Bench of this Court. Present appellant has been convicted for the offence under section 307 of I.P.C. and sentenced to suffer R.I. for seven years and fine of Rs.5,000/-. Reportedly, fine amount is paid. Perused the Affidavit filed by P.S.I. Roha Police Station, District Raigad mentioning the criminal anticedents against the appellant srj/- 2 accused no.1. The total 13 cases are mentioned, out of them first nine cases are from the years 1971 to 1978 for the offences of rioting under sections 147, 148, 149, 324, 34 of the I.P.C. and criminal intimidation and two cases of 1973 for obstructing the public servant, out of remaining, four cases are from the years 1985 to 1993 for similar offenses of rioting and robbery, except one case of the year 1983 for offense of dacoity. Last case is of the year 2007, for the similar offence under section 307 of I.P.C., which is pending. Out of such 13 cases, 5 cases resulted in acquittal. Remaining are pending and one is compounded. Coming to the present case at hand, it is admitted that co-accused having minor role in the matter were released on bail by this Court. It is a factual position that during the trial, present accused no.1 was released on bail by this court. It is argued on behalf of appellant accused no.1 that he was Sarpanch of Local Grampanchayat, Village Varasgaon, Post Kolad, District Raigad and as such disputes are arising out of some political rivalry. It is argued that presently, accused no. 1 is aged about 76 years. Considering the offences for which the cases are still pending and they are of the nature of rioting etc., and still considering one matter pending for the offences under section 307 of I. P. C. srj/- 3 what is weighed with this court is his old age. Considering the age of the appellant he can be released on bail during the pendency of the appeal on the following terms and conditions. (i) Appellant accused no. 1 shall be released on bail on executing P. R. Bond of Rs.25,000/- with one surety in the like amount. (ii) Appellant shall attend local Roha Police Station twice in a month, i.e. once in two weeks on first and third Monday between 10.00 a.m. and 2.00 p. m. till the hearing and final disposal of the pending appeal. (iii) Application is accordingly disposed off. Sd/- (A.R.JOSHI,J.) srj/-