IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 214 OF 2008 IN CRIMINAL APPEAL NO. 1046 OF 2006 SACHIN HARICHANDRA DESHMUKH ..APPLICANT V/S THE STATE OF MAHARASHTRA ..RESPONDENTS MR. AMIN SOLKAR, ADVOCATE, FOR THE APPLICANT. MR. Y.S. SHINDE APP FOR THE STATE. CORAM: J.H. BHATIA, J. CORAM: J.H. BHATIA, J. CORAM: J.H. BHATIA, J. DATE : 4TH APRIL, 2008. DATE : 4TH APRIL, 2008. DATE : 4TH APRIL, 2008. P.C. 1. Heard learned counsel for the parties. This second application for bail is filed by the applicant, who was original accused no. 2 in Sessions Case No. 207 of 2005. 2. The present applicant was convicted for the offences punishable under section 489(A), 489(B), 489(C) and 489(D) read with section 34 of IPC and sentenced to undergo R.I. for five years on each count and fine of Rs. 1000/- on each count. Substantive sentence on all the counts was to run concurrently. The applicant is in : 2 : continuous custody since 15th August 2005 when he was arrested at the time of raid. His earlier petition for bail was rejected by this court on merits of the case by the order dated 28th March, 2007 and at that time this court had directed that the Appeal be expedited. However, learned counsel for the applicant/appellant states that the Appeals are not taken up for hearing till this date. Learned counsel for the Applicant contends that out of maximum sentence of 5 years the applicant has already undergone sentence of 2 years and 7 months which is more than half of the total sentence. If remission period is to be counted then he may be required to remain in jail for one year and 3/4 months more. According to learned counsel for the applicant, if the appeal is not disposed of before that date the very purpose of filing the Appeal will be frustrated. He contends that in number of cases this court has held that when the accused has already undergone more than half of the sentence he may be granted bail. For this, he relied upon the order dated 7th August 2007 passed in Abdul Radhanpur v/s State of Maharashtra - Criminal Application No. 763 of 2007 in which this court (B.H. Marlapalle, J.) has considered number of other orders passed in similar situation and granted bail to the accused, who were sentenced to R.I. for 5 years under MCOCA case and had already undergone about more than half of the sentence. : 3 : 3. Taking into consideration the above circumstances, in my considered opinion, the applicant may also be granted bail. 4. The applicant is granted bail in the sum of Rs. 20,000/- with a surety in like amount subject to his depositing the fine amount and subject to the condition that he shall not misuse the bail in any manner and further condition that he shall report to Kolshewadi Police Station on 1st day of every month after his release on bail till disposal of the Criminal Appeal No. 1243 of 2006. (J. H. BHATIA, J) (J. H. BHATIA, J) (J. H. BHATIA, J)