- 1 - 1413.10 6rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1413 OF 2010 Farid Jalil Shaikh .. Applicant vs The State of Maharashtra .. Respondents Mr.Vijay Desai for Applicant Ms.S.V.Sonawane APP for State CORAM: J.H.BHATIA, J DATE: 26 th August 2011 P.C. 1. Heard learned counsel for the parties. The Applicant who was accused no.1 in Sessions case No. 938 of 2002 was convicted for the offence punishable under section 376 IPC and was sentenced to undergo R.I. for 7 years and to pay fine of Rs.2000/-. During trial, he was on bail; though initially he was in custody for 46 days. He was convicted on 4.12.2007 and was taken into custody and since then he is in jail. Thus, he has already undergone actual imprisonment for more than 3 years and 11 months. Besides, this, he may be entitled to remission also. In view of the heavy pendency of the Appeals against conviction, in which accused are - 2 - 1413.10 still in jail, there is no possibility of his Appeal being listed, heard and disposed of shortly. If bail is not granted, there is possibility that his Appeal may become infructuous due to lapse of time. 2. Therefore, the Applicant is granted bail on same terms and conditions as before the trial court subject to furnishing fresh bail bonds with condition that he shall not misuse the bail and shall attend Shahunagar police station on every Friday between 5 to 7 p.m. till disposal of the Appeal. Application disposed of accordingly. J.H.BHATIA, J