- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO.3822 OF 2004 APPLICATION NO.3822 OF 2004 APPLICATION NO.3822 OF 2004 IN IN IN CRIMINAL CRIMINAL CRIMINAL APPEAL NO.1065 OF 2004 APPEAL NO.1065 OF 2004 APPEAL NO.1065 OF 2004 Sambhaji Bhau Desai ...Applicant vs. The State of Maharashtra and another ...Respondents Mr.S.A.Ingawale for the Applicant Mr.Rajesh More,A.P.P. for State CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : OCTOBER 13,2006. : OCTOBER 13,2006. : OCTOBER 13,2006. P.C.: P.C.: P.C.: 1. Heard Advocate appearing for the Applicant and the learned A.P.P. for State. The conviction of the Applicant is for offences punishable under sections 307, 326 and 324 of the Indian Penal Code. The substantive sentences are ordered to run concurrently. The maximum substantive sentence is of seven years. It is not in dispute that the Applicant was enlarged on bail during the pendency of the trial. From 2nd July 2004 he is in custody. Thus, the Applicant is in custody for last more than two years and three months. There is no allegation of misuse of liberty granted to the Applicant during the pendency of trial. One of the findings recorded by the learned Trial Judge is that the assault by the Applicant was out of provocation as drainage line was blocked. In view of the decision of the Apex Court in case of Bhagwan Shinde Vs. State [(1994) 4 S.C.C. page 657) a case is made out for - 2 - enlarging the Applicant on bail. In all probability the Appeal may not be heard before the remaining sentence is over. 2. Hence, I pass the following order : i) The Applicant shall be enlarged on bail in the sum of Rs.5,000/- with one or two sureties in the like amount. ii) Bail is granted subject to condition that the Applicant will report to Ajara Police Station, District Kolhapur on every first Saturday of every calendar month till the final disposal of the Appeal. JUDGE JUDGE JUDGE