1 appw.365.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.365 OF 2010 IN CRIMINAL WRIT PETITION NO.1712 OF 2010 The State of Maharashtra ...Applicant Versus Laxman Shavaru Kale ...Respondent ...... Ms.S.V.Gajare, A.P.P. for Applicant/State. Mr.Arfan Sait for Respondent. ...... CORAM:- A.M.KHANWILKAR AND U.D.SALVI, JJ. DATED:- SEPTEMBER 17, 2010. P.C. 1. Not on Board. Upon production, taken on Board. 2. Heard Counsel for the Applicant and the Respondent. We fail to understand as to why the order passed by us on 2nd September 2010 has still not been given effect to. The fact that the Applicant intends to challenge the said decision, does not take the matter any further. We have allowed the Writ Petition filed by the Respondent following the earlier decision of our High Court which was binding on us. We have noted that the said decision has been allowed to attain finality by the State. 2 appw.365.10.sxw 3. In the circumstances, the request of the Applicant to grant eight weeks stay to our order is rejected. At the same time, we make it clear that the Respondent Laxman Shavaru Kale may be released subject to certain conditions that can be imposed by the Authority including of furnishing undertaking and solvent surety in the sum of Rs.10,000/- (Rupees Ten Thousand) so as to ensure that the Respondent would resume jail, if so ordered by the Apex Court. 4. Application disposed of accordingly. 5. All concerned to act on an ordinary copy of this order, duly authenticated by the Office. (U.D.SALVI, J.) (A.M.KHANWILKAR, J.)