1 APPA 545 OF 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.545 OF 2011 IN CRIMINAL APPEAL NO.1204 OF 2008 Vikram Ramchandra Khot ...Applicant Vs. The State of Maharashtra ...Respondent ----- Mrs.Sonal Parab i/b. M/s. Rajeev Sawant & Associates for Applicant Mr.Rajesh More -APP for the State ----- CORAM: V.M. KANADE J. DATED: 3rd May, 2011 P.C. 1. This is a second application for bail filed by the Applicant who was convicted for the offence punishable under section 304-II r/w. 34 of the Indian Penal Code. The Trial Court convicted the Applicant and sentenced him to suffer R.I. for six years. His first application was rejected on merits on 24th May, 2008. Liberty was granted to the Applicant to apply for bail after expiry of six months if the appeal is not finally heard. 2. The learned counsel for the Applicant submitted that the Applicant has already undergone three years, 3 months and 19 days of sentence. 3. The learned APP for the State has produced a 2 APPA 545 OF 2011 report of the Superintendent, Kolhapur Central Jail. In the chart, it is stated that the Applicant had undergone two years, four months and 18 days of actual imprisonment. He is entitled to get remission of 8 months, and 17 days and, therefore, he has undergone three years, three months and 19 days. 4. The learned counsel appearing on behalf of the Applicant submitted that the Applicant has already undergone more than 50% of the sentence. It is submitted that the Applicant, therefore, may be released on bail since the appeal is not likely to be heard immediately in near future. 5. In my view, the Applicant deserves to be released on bail particularly, since he has undergone 50% of the sentence. Apart from that, the only allegation against the Applicant and the co-accused was that they had given fist blows and kick blows to the deceased and initially complaint was registered under sections 323, 504 r/w. 34 of IPC. However, on the next date she was admitted in the hospital and she expired. The said quarrel had taken place on the spur of the moment. 6. Taking into consideration the facts and circumstances of the case, in my view, the Applicant be 3 APPA 545 OF 2011 released on bail on execution of P.R. Bond of Rs.5,000/- with one or two sureties in the like amount. The Applicant shall report to the concerned police station as and when called. Application is disposed of. (V.M. KANADE J.)