APPA.953-10 - 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 953 OF 2010 IN CRIMINAL APPEAL No. 474 OF 2010 Rahim Rais Khan ...Applicant Vs. The State of Maharashtra ...Respondent *** Ms. Shubhada Khot & Ms. Aneeta Kuttikrishnan, for the Applicant. Mr. A. S. Shitole, APP for the Respondent. *** CORAM: V. M. KANADE J. DATE : AUGUST 26, 2010 P.C. 1. Heard the learned counsel appearing for the applicant and the learned APP for the respondent-State. The applicant is convicted for the offence punishable under S.395 of I.P. Code and sentenced to R. I. for five years and to pay fine of Rs.7,000/-, in default to suffer R.I. For one year. 2. It is submitted that applicant is in jail since 13-10-2006 and APPA.953-10 - 2 - has completed three years and ten months. The learned APP submits that applicant is a habitual offender and is involved in number of similar offences. The learned counsel on the other hand, submitted that in most of these cases, the applicant has been acquitted. The Apex Court in the case- Mamisingh Vs. Union of India [(2006) 1 SCC (Cri.) 279] held that if the applicant has undergone more than fifty percent of the sentence awarded by the trial Court, he would be entitled to be released on bail. In this case, taking into consideration pendency of the cases in this Court the appeal is not likely to come up for final hearing in the near future. Therefore, the applicant be released on furnishing P.R. bond in the sum of Rs.5,000/- with one or two sureties in the like amount. The applicant shall however, report to the concerned police station once in a week. [ V. M. KANADE J.]