IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1465 OF 2008 in CRIMINAL APPEAL NO.365 OF 2007 Madhav Babuji Handore ...Applicant Vs. The State of Maharashtra ...Respondent Shri Rahul Kadam, Advocate for the Applicants. Shri S. R. Shinde, Advocate for Respondent No.2. Shri A. S. Gadkari, A.P.P. for the State. CORAM : BILAL NAZKI & A.R.JOSHI, JJ DATED : 12TH FEBRUARY, 2009. P.C. The Petitioner is serving life sentence. He was serving in the Army on the post of Subedar since 1981. He has moved a bail application on the ground that he has to approach the military authorities for getting his benefits, which were due to him by way of Salary, Provident Fund and AGP. When this case came before us, we thought that it may not be necessary for the Petitioner to approach the military authorities because the military authorities may on their own do the needful and pay the amounts which may be due to the Petitioner. -2- 2. The Petitioner, thereafter moved an application for adding the Union of India as a party Respondent to the Petition and also sought reliefs that the Petitioner be paid his dues. The learned counsel for the Union of India on instructions submits that it will take three months to finally settle the claim of the Petitioner. He has shown us the instructions he has received in writing from the Lieutenant Colonel, Senior Record Officer, for O.I.C.Record. It shows that process of dismissal of the Petitioner, after his conviction, was initiated on 31st January, 2007. But although more than two years have passed, the Orders granting benefits have not been passed. It also shows that the Petitioner on his dismissal would be entitled to credit balance of PF & AGP fund amounting to Rs.7,51,915/- and a gratuity of Rs.1,53,059/- and also some balance of Rs.20,621/- . So even, according, to these instructions, the Petitioner may be entitled to receive more than Rs.9,00,000/- even after dismissal and if he is entitled to these amounts, then the Union of India has no reason to delay payment. If the action has been initiated on 31st January, 2007, no explanation has come forth as to why for two years, the process is not completed. 3. We do not think that in order to get these benefits, the Petitioner should be bailed out. Therefore, the bail application is rejected. However, -3- we direct the Union of India to finalise the claim of the Petitioner within a period of one month and if there is any need to get any signatures from the Petitioner, they may be sent to the Jail Superintendent by the authorities concerned. 4. The Petition is disposed of, accordingly. (A.R.JOSHI, J.) (BILAL NAZKI, J.)