IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.125 OF 2009 IN CRIMINAL APPEAL NO.84 OF 2009 Hitendra Ashok Parmar .. Applicant Versus The State of Maharashtra & Anr. .. Respondents Mr.M.R.Mishra i/by M.R.Mishra & Co for the applicant. Mr.J.P.Yagnik, A.P.P for the State. CORAM CORAM CORAM : A.S.OKA, J. : A.S.OKA, J. : A.S.OKA, J. DATE DATE DATE : 3rd April 2009. : 3rd April 2009. : 3rd April 2009. P.C.: . Heard the learned counsel appearing for the applicant and learned A.P.P for the State. The applicant is the 1st accused who has been convicted for the offences punishable under section 120-B read with section 34, section 452 read with section 34, section 458 read with section 34 of the Indian Penal Code. The maximum substantive sentence is rigorous imprisonment for five years. 2. The impugned order records that the applicant is in custody from 25th April 2006. He was denied bail during the pendency of the trial. Thus, the applicant is in custody for a period of two years and more than (2) eleven months. Thus, the applicant has already undergone more than half of the sentence. 3. Considering the evidence adduced against the applicant and the fact that he has already undergone sentence of two years and eleven months, the applicant deserves to be enlarged on bail. However, considering the report of the concerned police officer, stringent conditions will have to be imposed. 4. Hence, I pass the following order: (i) The applicant shall be enlarged on the bail in the sum of Rs.25,000/- with one or two local sureties in the like amount. (ii) The bail is granted subject to condition that the applicant will report to Senior Inspector of Police of Malad Police Station, Mumbai on every first and third Saturday of every calendar month till the disposal of the appeal. (3) (A.S.Oka,J)