1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1037/2009 IN CRIMINAL APPEAL NO.908/2008 Abdul Nawaz Abdul Rehman Applicants Vs. State of Maharashtra Respondent WITH CRIMINAL APPLICATION NO.1038/2009 IN CRIMINAL APPEAL NO.908/2008 Niyaz Abdul Rehman Applicant Vs. State of Maharashtra Respondent Ms.Nilopher Sayed i/b Mr.Shahid Azmi for applicant Mr.Kharge,APP for State CORAM: MRS.MRIDULA BHATKAR,J. DATE : 5th October,2009 P.C. . Criminal Application 1037/2009 is not pressed at this stage. 2] The applicant/accused has preferred bail application (1038/2009) pending the appeal wherein the accused is convicted for the offence punishable u/s 489(b) and (c) r/w 34 of the Indian Penal Code. It is submitted that the applicant/accused was arrested on 26/9/2006 and since then he is i n prison . It is 2 submitted that the applicant/accused has undergone three years of the sentence and as the half period of the sentence is undergone this application is made for bail. It is submitted that the co-accused in the said appeal is released on bail on 24/7/2009 and so on the ground of parity bail be granted. 3] The applicant/ accused has undergone more than half period of sentence . On this point the reliance is placed on the observations made by the Hon’ble Supreme Court in (Kamal Vs.State of Haryana ) (2006) 1 Supreme Court Cases (Cri)757 in which in para -2 it is held that - This is a case in which the appellant has been convicted under Section 304-B IPC and sentenced to imprisonment for 7 years. It appears that so far the appellant has undergone imprisonment for about 2 years and four months. The High Court declined to grant bail pending disposal of the appeal before it. We are of the view that the bail should have been granted by the High Court, especially having regard to the fact that the appellant has already served a substantial period of the sentence. In the circumstances,we direct that bail be granted to the appellant on such conditions as may be imposed by the District and Sessions Judge,Faridabad. 4] In view of the view taken by the Hon’ble Supreme Court the application for bail is allowed as per following order. 3 The applicant / accused be released on bail of Rs.30,000/-with two local sureties in like amount i.e.Rs.15,000/- each . The applicant/ accused shall report to Chembur police station first Monday of every month between 12 noon to 13 hrs. during the pendency of the appeal. (MRS.MRIDULA BHATKAR,J.)