1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 93 OF 2010 IN CRIMINAL APPEAL NO. 832 OF 2009 Dinesh Madhukar Mhatre ...Applicant (Orig.Accused No.1) vs. The State of Maharashtra ...Respondent Mr.Aniket Vagal for the Applicant. Mrs.P.P. Bhosale, APP for the State. CORAM : V.M. KANADE, J. DATED : APRIL 19, 2010 P.C. :- 1 Heard Counsel for the applicant and APP for the State. 2 The applicant is in jail since two years. The applicant is convicted by the Sessions Court for the offence punishable under Section 307, 324, 506 2 Part II read with 34 and provisions of Bombay Police Act. 3 The applicant s wife used to have altercation with the complainant and on the date of the incident, the applicant assaulted the complainant s husband with a knife, as a result of which, the complainant sustained incised wound in his abdomen. The Sessions Court sentenced him to suffer RI for 10 years. The applicant has undergone two years of actual sentence and if the remission is to be taken into consideration, he has already undergone almost 40% of the sentence. 4 The learned APP for the State vehemently opposed this application for bail. It is submitted that the applicant is a history sheeter and several complaints are filed against him. 5 In my view, merely because some complaints are pending against the applicant, that alone cannot 3 be a ground for refusing bail to the applicant, particularly, when he has undergone almost 40% of the entire sentence. However, some conditions may be imposed so that he does not harass the complainant or his wife. 6 The applicant, therefore, be released on bail on execution of P.R. Bond in the sum of Rs. 5000/- with one or two sureties in the like amount. He shall, however, not enter the jurisdiction of Dongri Police station pending the hearing and final disposal of the appeal. The applicant shall give his new address and shall report to the nearest police station from his new residence once in a month. If the applicant enters the jurisdiction of Dongri Police Station, then in that event, bail granted to him shall be cancelled. 7 Application is disposed of. (V.M. KANADE, J.)