IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.663 OF 2009 IN CRIMINAL APPEAL NO.1320 OF 2008 Chhotu @ Rajendra K. Sangle ...Applicant Vs. The State of Maharashtra ... Respondent --- Shri Sandeep Kashinde for Applicant. Shri S.S. Pednekear APP for State ---- CORAM: V.M. KANADE J. DATED 21ST JULY, 2009 P.C. 1. Heard the learned Counsel appearing on behalf of the Applicant and the learned APP for the State. 2. This is a second application for bail filed by the Applicant. His first application was rejected by this Court by order dated 17th December, 2008. The Applicant has been convicted by the Sessions Court for the offence punishable under section 304 Part II and further sentenced for suffer R.I. for five years. 3. The learned Counsel appearing on behalf of the Applicant submits that he has already undergone 3 years of sentence out of 5 years, which was imposed by the Sessions Court. It is submitted that, therefore, since the trial is not commenced in near future, this is a fit case for grant of bail. It is further submitted that the Applicant is not convicted for an offence punishable under section 302 of the Indian Penal Code. 4. In my view, there is much substance in the submission made by the learned Counsel for the Applicant. The Applicant has merely undergone 50% of the sentence imposed by the Sessions Court. Taking into consideration the sentence which the Applicant has already undergone and the period of remission for which the Applicant is entitled under the provisions of the Code of the Criminal Procedure and the appeal is not likely to come up for hearing for quite some time. The Applicant is not convicted for the sentence which is punishable either for death or imprisonment. The Applicant is not likely to abscond since he is a permanent resident of Nashik. The Applicant is, therefore, entitled to be released on bail. 5. The Applicant shall be released on bail in a sum of Rs. 5,000/- with one or two sureties in the like amount. The Applicant, however, shall report to Jaikheda Police Station, Dist. Nashik twice in a month. Application is allowed and disposed of. V.M. KANADE J.