((-1-)) MST IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.212 OF 2008 IN APPEAL NO.875 OF 2007 Jayraj Chandulal Kasotiya Applicant versus The State of Maharashtra Respondent Miss Swapna Kode for applicant. Mrs.P.P.Shinde, APP. CORAM : A.M.KHANWILKAR, J. DATE : 10th April 2008 PC : 1. Heard counsel for the parties. Indeed, the offences for which the applicant has been convicted and ordered to suffer rigorous imprisonment for seven years is a serious offence. Nevertheless, the appeal preferred by the appellant having been admitted, it presupposes that the applicant has made out good case that he would succeed in the appeal. For the purpose of considering the bail application, I am in agreement with the submission canvassed on behalf of the applicant that the applicant was on bail during the trial for substantial period ((-2-)) MST and that no untoward incident has been reported against the applicant. Besides, it is matter of record that the applicant’s father has expired recently leaving behind his wife, who will have to be looked after by the applicant being the only other family member. The applicant’s mother is presently 71 years of age. More over, it is unlikely that the appeal may be taken up for hearing in the immediate near future. 2. Taking over all view of the matter, the applicant deserves to be enlarged on bail on following strict conditions in view of the fact that the prosecution apprehends that the applicant may try to influence the prosecutrix or enter in the vicinity where the applicant resides. (a) The applicant shall be released on bail in connection with Sessions Case No.79 of 2004 tried before the Sessions Judge, Kalyan if not required in any other criminal case, on executing bail bond in the sum of Rs.15,000/- (Rs.Fifteen thousand only) with one or two local sureties in the like sum; (b) The applicant shall deposit passport, if any, with the Senior Police Inspector within three weeks from the date of his release, which will be retained by the said officer 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 one authority, shall file affidavit to that effect within three ((-3-)) MST weeks from the date of his release in this Court. (c) Besides the terms and conditions on which the applicant was released on bail by the Trial Court in terms of order dated 27th May 2004, the applicant shall not enter the locality where the prosecutrix ordinarily resides namely Ulhasnagar. The applicant undertakes to reside at Kalyan along with his old aged mother during pendency of this appeal; (d) The applicant shall report to the local Police Station at Kalyan where he would reside after being released on bail twice a month on every first and fifteen day of English calender month between 10.00 a.m. to 01.00 p.m. till disposal of the appeal; (e) The applicant shall inform his latest place of residence immediately after being released and/or change of residence, if any from time to time, not only to the Registry of this Court but also to the concerned Police Station at Kalyan he would report. 3. Application disposed off accordingly. (A.M.KHANWILKAR, J.)