APPA.917-10 - 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 917 OF 2010 IN CRIMINAL APPEAL No. 1005 OF 2009 Rizwan Papa Momin Kashmiri ...Applicant Vs. The State of Maharashtra ...Respondent Mr. Mirza Yadullah & Sharif Shaikh, for the Applicant. Mrs. R. V. Newton, APP for the Respondent. CORAM: V. M. KANADE J. DATE : AUGUST 9, 2010 P.C. 1. Heard the learned counsel for the applicant and the learned APP for the Respondent. The applicant was convicted for the offences punishable under S. 402 of the I.P. Code and under S. 3 & 4 read with S. 25 of the Arms Act and is sentenced to suffer rigorous imprisonment for 4 years and to pay fine of Rs.1,000/-, in default to suffer further rigorous imprisonment for one month. 2. It is submitted that the applicant has undergone one year, six months and ten days, out of four years sentence awarded to him. It is submitted that the other co-accused namely Nadeem Aziz Merchant has APPA.917-10 - 2 - been released by this Court on bail by an order dated 5th July, 2010 in Criminal Application No. 1250 of 2009. It is submitted that the said accused inter-alia has been released on the ground that the said applicant/accused was already in the custody of the police when he was shown to be allegedly arrested along with present applicant on 19th February, 2009. The learned counsel for the applicant submitted that this fact was admitted by one of the prosecution witnesses i.e. PW 7 who also admitted that the said applicant – Nadeem was produced before the medical officer (DW1) from the prison when he was detained. DW 1 Dr. Lobo also has admitted in his evidence that the applicant was produced by the police before him for eye treatment on 19th February, 2009. 3. Taking into consideration the aforesaid fact, as noticed by this Court in Cri. Application No. 1250 of 2009, the present applicant also deserves to be released on bail- firstly because he has already undergone one year, six months ten days imprisonment; and secondly, since the other co-accused has been released on bail. The applicant therefore, be released on bail on furnishing P.R. bond in a sum of Rs.5,000/- with one or two sureties in the like amount. He shall report to the concerned police station twice in a month. Sd/- [ V. M. KANADE J.]