1 BA-1113-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO.1113 OF 2011 Rekha Papya Kale ... Applicant vs. The State of Maharashtra Respondent Mr. Nitin Sejpal a/w Ms. Pooja Bhojne,Advocate, for the applicant. Mrs. P.P.Shinde,APP for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 14th November, 2011. P.C. 1. Heard. 2. The applicant seeks to be released on bail in Crime No.203 of 2007 registered with Mira Road Police Station for the offences under Sections 395 and 397 read with Section 34 of IPC. 3. Prosecution case, in brief, is that one Shobha Rajnikant Bhosle and some other persons armed with weapons went to Ankit Jwellers, situated at Ram- Ratan Society, Mira Road (East) that on 4.5.2007 at about 7.00 p.m. and at the point of revolver, the complainant was compelled to hand over gold ornaments 2 BA-1113-11.sxw worth Rs.6 lakh. The culprits escaped with the booty. 4. According to the prosecution, the present applicant had approached one Vasant Rambhau Bharjite of Mahadevpura and had offered to sell about 3½ kg. gold ornaments which he purchased from her for Rs.28 lakh and then sold the same to one Prakash @ Bandu Patne of Nagpur for Rs.30,44,240/-. According to the prosecution, on the basis of the statement given by the present applicant, police had approached Vasant Bharjite and then on the basis of his statement, the police approached Prakash Bandu and recovered the stolen property, which was already melted and converted. 5. The incident had occurred on 4.5.2007 and within short time thereafter, the property was allegedly sold by the present applicant. Thereafter, she was arrested on 17.8.2007. Thereafter the property was recovered. The applicant is in custody for 4½ years. The learned Counsel for the applicant contends that inspite of lapse of such a long time, the trial has not commenced. The learned APP is unable to explain why the trial has not proceeded with. Another accused i.e. Shobha Bhosle who is a woman has been granted bail as per the order dated 8.3.2011. Even though on merits I am not inclined to grant bail to the applicant, the fact remains that for the ofences under Sections 395 read with Sec. 397, the applicant may be 3 BA-1113-11.sxw awarded imprisonment of about 10 years or so and minimum may be 7 years. She is already in jail for 4-1/2 years without trial and there is no indication as to how much time it will take to commence and complete he trial. There is possibility that in such circumstances, the applicant may be required to remain in jail for the complete period of sentence which may be awarded, without trial. This will not be in the interest of justice. 6. Therefore, the applicant is granted bail in the sum of Rs.50,000/- with one suety in the like amount with condition that she shall not tamper with the prosecution evidence and shall report at the police station on every Sunday between 4 to 6 p.m. till end of the trial. (J.H.BHATIA,J.)