IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 138 OF 2009 CRIMINAL APPLICATION NO. 138 OF 2009 CRIMINAL APPLICATION NO. 138 OF 2009 Mushir Uddin Saleh Uddin Siddiqui ...Applicant vs. The State of Maharashtra ...Respondent Mr.S.S. Pednekar, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : MARCH 25, 2009 DATED : MARCH 25, 2009 DATED : MARCH 25, 2009 P.C. :- P.C. :- P.C. :- 1. This is an application filed by the applicant through jail. 2. The applicant was acquitted by the Sessions court by Judgment and Order dated 14th February, 2007. The State has preferred an appeal against this order and this Court directed that the warrant of arrest under Section 390 of Cr.P.c. be issued and he should be produced before the Court of Sessions and accordingly, he was produced before the Sessions Court, Sewree on 12th November, 2008. Since no application for bail was filed, the Sessions Court took him in custody and sent him to jail. Thereafter, an application was filed in this Court through jail and this Court by order dated - 2 - 11th February, 2009 recorded that another application has been filed by him on 17th January 2009 in the Sessions Court seeking similar reliefs. Therefore, the Sessions Court was directed to decide the said application. 3. I am informed that the matter was kept before the Sessions Court yesterday, 24th March, 2009 and the accused was produced before the Sessions court, however, the Sessions Court was pleased to adjourn the matter without granting bail to the applicant. 4. In a case where the accused is acquitted by the Sessions court, he is entitled to be released on bail since the trial court has acquitted him of the offences with which he was charged. When an appeal is preferred and order is passed by the High Court for taking action under Section 390, the accused has to be arrested and be produced before the same court or subordinate court and a discretion is vested in the court either to commit him to prison pending disposal of the appeal or release him on bail. Ordinarily, in such cases, in my view, bail - 3 - has to be granted since he has been acquitted by the lower court. The accused was charged for the offence punishable under Section 16(1)(b), 18, 20, 23 of the Unlawful Activities (Prevention) Act, 1967. Taking into consideration the offence with which the applicant has been charged, the applicant, in my view, deserves to be released on bail. 5. The applicant, therefore, be released on bail in the sum of Rs.5000/- with one or two sureties in the like amount. The applicant may be released on acquisition of Personal Bond and thereafter, within two weeks, he may furnish sureties as directed by this Court. 6. The application is disposed of. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)