1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1205 OF 2009 IN CRIMINAL APPEAL NO.857 OF 2008 Pandit Raghoo Shewale ...Applicant Versus The State of Maharashtra ...Respondent ...... Mr.H.E.Palwe for Applicant. Ms.P.P.Shinde, A.P.P. for Respondent. ...... CORAM: V.M. KANADE, J. DATE : 8th FEBRUARY, 2010 P.C.: 1. Heard Counsel appearing on behalf of the Applicant. This is the second application for bail filed by the Applicant. The first application was rejected by this Court by order dated 24th October 2008. The Applicant has been convicted by the Sessions Court for the offences punishable under Section 376 read with Section 511 of the Indian Penal Code and was sentenced to suffer rigorous imprisonment for five years and to pay a fine of Rs.1,000/- (Rupees One 2 Thousand) and in default, to suffer further rigorous imprisonment for 15 months. It is submitted that the Applicant has already paid the fine amount and he has undergone more than 1½ years imprisonment in jail. 2. It is submitted that the Appeal is not likely to come up for hearing immediately in the near future and therefore, the Applicant may undergo the entire sentence during the pendency of the Appeal. The Applicant was also in jail as under trail prisoner. Taking into consideration these facts, Applicant deserves to be released on bail, particularly because he has undergone more than 40% of the sentence imposed by the Trial Court. 3. The Applicant Pandit Raghoo, therefore, under these circumstances, is released on bail in the sum of Rs.5,000/- (Rupees Five Thousand) with one or two sureties in the like amount. The Applicant shall, however, not enter the jurisdiction of Jaikheda Police Station, Taluka Satana, District Nashik during the pendency of the Appeal and shall report to the nearest Police Station to his residence once in a month. 3 4. Application accordingly is allowed and disposed of. (V.M. KANADE, J.)