1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL APPLICATION NO.5517 OF 2010 Ramchandra Sitlaprasad Bachhi Pandey ...Applicant. v. The State ...Respondents. AND CRIMINAL APPLICATION NO.5518 OF 2010 Ramchandra Sitlaprasad Bachhi Pandey ...Applicant. v. The State ...Respondents. Mr. Milan Desai i/by Ms Saeeda Shaikh, advs. For the Applicant. Smt. G.P.Mulekar, APP For the Respondent/Stae. CORAM : J.H. BHATIA, J. DATED : JANUARY 10, 2011. P.C.: 1 Criminal Application No.5517 of 2010 is not on board but being connected with Criminal Application No.5518 of 2010 is taken on board on request of the parties. 2 Both these applications are filed by same person namely Ramchandra Sitlaprasad Bachhi Pandey for bail in Sessions Case No.218 of 2009 arising out of Crime No.89 of 1990 and in Sessions Case No.219 of 2009 arising out of Crime No.48 of 1990 registered at Vitthalwadi police Station under Section 302 , 149 r/w Section 120(B) of the I.P.C 2 Heard the learned counsel for the applicant and the learned APP. 3 On 27.2.1990 one Ghanshyam Sunderdas Bhatija was shot dead. Report of that incident was lodged by his brother Inder Bhatija, who was eye witness and on the basis of that report, Crime No.48 of 1990 was registered. Thereafter on 28.4.1990, Inder was shot dead in his office for which Crime No.89 of 1990 was registered. In both the cases, same six persons were accused. Three persons were granted bail. Earlier one Baba Gabriel was granted bail by this Court. Another accused Mohammed Arshad had filed criminal application nos.3513 of 2010 and 3514 of 2010. Those applications were disposed off by the order dated 18th October, 2010 and the trial Court was directed to complete the trial and dispose off the case within three months. In case of failure to complete sessions, accused was to be released on bail. Period of three months is to expire on 18th January, 2011. The learned counsel for the parties informs that trial in none of these two cases has come to an end. On the last date, trial was adjourned to 24.1.2011. It means said period of three months will expire before the next date. If it is so, accused Mohamed Arshad would be entitled to be released on bail as per the order dated October 18, 2010. While in the said order, this Court had considered several facts and circumstances due to which bail was 3 granted to Mohammed Arshad, if trial is not completed within three months. Same circumstances are applicable to the present applicant also. The only difference is that Mohammed Arshad is in custody from 18th December, 1992 while the present applicant is in custody since 25.1.1995. Another difference is that the present applicant was also convicted in TADA case and was sentenced to undergo R.I. for five years. That period of five years is also covered during the period from the date of arrest in these cases till this date. In my considered opinion, the applicant may also be granted similar relief in the present applications. Therefore, both these applications stand disposed off with the following directions: (a) If the trial in Sessions Case No.218 of 1999 is not concluded till the end of April 2011 due to any lapse or adjournment sought by the prosecution, including family members of the victim, applicant shall be released on PR bond of Rs.50,000/- with one or two solvent sureties in the aggregate sum of Rs.50,000/-. (b) If trial of the Sessions Case No.218 of 1999 is concluded by the end of April, 2011 and as result of the same his further custody is not warranted in that case, trial of the Sessions Case No.219 of 2009 shall be concluded within six months thereafter and if trial is not concluded 4 within six months, he shall also be granted bail in Sessions Case No.219 of 1999 on PR bond of Rs.50,000/- with one or two solvent sureties in the like amount. (c) If as a result of final order passed in Sessions Case No.218 of 1999 applicant is required to suffer any further sentence, trial of the sessions case no.219 of 1999 shall be concluded within six months from the date of expiry of the sentence of imprisonment and if trial does not conclude by that time, applicant shall be entitled to be released on bail on the terms and conditions noted above. (d) On the applicant being released on bail, he shall report at Vithalwadi police station on every Sunday between 10 a.m. to 1 p.m. for the first three months and on first Sunday of every month till the trial is over. 4 Both the applications stand disposed off accordingly. (J.H. BHATIA,J.)