1 (crim appln 271 of 2010) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 271 OF 2010 IN CRIMINAL APPEAL NO. 570 OF 2010 Maruti Ganesh Waghmare and Ors. ...Applicants Vs. The State of Maharshtra ...Respondent ----- Mr.Daulat G. Khamkar for Applicants Mr.S.A. Shaikh with Mr. J.P. Kharge -APP for the State ----- CORAM: V.M. KANADE J. DATED: 13TH AUGUST, 2010 P.C. 1. Heard the learned Counsel appearing on behalf of the Applicants and the learned APP for the State. 2. It is submitted that the Applicants are convicted by the Trial Court and are sentenced to suffer R.I. for seven years for the offences punishable under section 397 r.w. 395 of the Indian Penal Code. It is submitted that out of the 7 years sentence awarded by the Sessions Court, the Applicants have already undergone 5 years and 8 months of actual 2 (crim appln 271 of 2010) imprisonment. Though several opportunities were given by the Learned APP for the State to the Superintendent of Jail, I am informed that the Superintendent of Jail has not given any information to the learned APP. 3. In the impugned judgment and order, the learned Sessions Judge has recorded that the Accused Nos.2 to 6 are in jail since 4.12.2005 and therefore, the statement made by the learned Counsel for the Applicants is correct. If the period of remission is taken into consideration, the Applicants have already undergone the entire sentence awarded by the Sessions Court. The appeal, however, may not be heard in near future, taking into consideration the pendency of the cases in this Court. Under these circumstances, the Applicants deserve to be released on bail on this ground alone. 4. The Applicants are released on bail on execution of P.R. Bond of Rs.5,000/- each with one or two 3 (crim appln 271 of 2010) sureties each in the like amount. 5. Application is disposed of. (V.M. KANADE J.)