IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.165 OF 2008 IN CRIMINAL APPEAL NO.720 OF 2006 Umesh Chhagan Bekara ...Applicant Versus The State of Maharashtra ...Respondent ...... Mr.Nitin Pradhan, Sr.Counsel with Ms.S.D.Khot for Applicant. Mr.K.V.Saste, A.P.P. for Respondent. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. APRIL 4, 2008. APRIL 4, 2008. APRIL 4, 2008. P.C. P.C. P.C. 1. Although the earlier bail application preferred by the Applicant was rejected on 30th November 2006, however, the Applicant has approached this Court for bail by way of fresh application in the changed circumstances on the assertion that the Applicant has already undergone 2 years and 3 months of actual imprisonment out of the total sentence period of five years. : 2 : 2. Indeed, the operative order passed by the Trial Court would indicate that punishment imposed by the Trial Court insofar as Applicant/accused No.6 is concerned, has not been made to run concurrent as in the case of other accused, however, no special reason for such course has been indicated in the impugned order. 3. For the present, I am inclined to accept the argument of the Applicant that it must have been inadvertent error committed by the Trial Court. In fact, it is common ground that there are no antecedents against the Applicant herein. It is also seen from the record that co-accused/accused Nos.5 and 9 have already been released on bail by this Court on the ground that they have already completed almost 50% of the sentence period. Insofar as Applicant is concerned, besides the actual imprisonment suffered by him and considering the remission period, even the Applicant has already completed 50% of the sentence by now. Moreover, it is unlikely that the Appeal filed by : 3 : the accused would be taken up for hearing in near future. 4. Taking overall view of the matter, in the interest of justice, the Applicant is granted bail, however on imposing following conditions: (a) The Applicant Umesh Chhagan Bekara is directed to be released on bail in connection with offence in Sessions Case No.286 of 2003, if not required in any other case, on executing bail bond in the sum of Rs.25,000/- (Rupees Twenty-five Thousand) with one or two local sureties in the like amount. (b) The Applicant shall report to Shivaji Park Police Station once in a month on 1st Monday of every English Calender Month till further orders to be passed by this Court and/or disposal of the Appeal. (c) The Applicant shall inform his : 4 : latest place of residence immediately after being released and/or change of residence, if any from time to time to the Senior Inspector of Police, Shivaji Park Police Station. (d) The Applicant shall deposit passport, if any, with the Senior Inspector of Police, Shivaji Park Police Station within three weeks from the date of his release, which will be retained by the said Sr.P.I. till further order to be passed by this Court. In case, the Applicant does not have any passport or has already deposited the same with any Authority, shall file affidavit to that effect within three weeks from the date of his release in this Court. 5. Application disposed of accordingly. A.M.KHANWILKAR, J.