1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1105 OF 2009 IN CRIMINAL APPEAL NO. 781 OF 2006 Dilip Lalchand Doshi ...Applicant vs. The State of Maharashtra ...Respondent Mr.P.B. Patil for the Applicant. Mrs.P.P. Bhosale, APP for the State. CORAM : V.M. KANADE, J. DATED : APRIL 6, 2010 P.C. :- 1 Heard Counsel for the applicant and APP for the State. 2 The applicant has been convicted for the offence punishable under Section 498-A of the IPC and sentenced to undergo RI for 7 years. His application on merits was rejected on 6.10.2006, 4.7.2007 and 8.9.2008. 2 3 It is submitted that the applicant has already undergone four years of actual sentence and if remissions are to be taken into consideration, he has undergone almost five years of sentence and thus, he has undergone 80% of the sentence awarded by the Sessions Court. 4 The learned APP appearing on behalf of the State, on the other hand, invited my attention to the letter written by the wife of the present applicant wherein she has expressed apprehension and fear that the applicant may assault her again if released on bail. The said letter indicates that the wife is residing in the same room where she was previously residing. 5 Counsel for the applicant submits that the applicant will not enter the said room or the jurisdiction of MHB Colony Police Station pending the hearing and final disposal of the appeal or try 3 to contact his wife. 6 Since the applicant has already undergone more than 80% sentence, it would be appropriate if he is released subject to certain condition being imposed on him. 7 The applicant be released on bail on execution of P.R. Bond in the sum of Rs.5000/- with one or two sureties in the like amount. However, the applicant shall not enter the jurisdiction of MHB Colony Police Station. The applicant shall not enter the room where the applicant s wife is residing at the moment. He shall report to the nearest police station from his residence once in a month. 8 Application is disposed of. (V.M. KANADE, J.)