1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.1176 OF 2009 IN CRIMINAL APPEAL NO. 435 OF 2003 Mohd.Hussein Abdul Aziz Shaikh ...Applicant (Orig.Accused No.1) Vs. The State of Maharashtra ...Respondent Mr. Amin Solkar, Advocate for the Applicant Mr. V.B. Konde-Deshmukh, A.P.P for the State CORAM : B.H. MARLAPALLE & SMT.ROSHAN DALVI, JJ. Dated : 12TH OCTOBER, 2009 P.C. : 1.Heard Mr. Solkar, learned Counsel for the applicant, who is respondent in Criminal Appeal No.435/2003. 2.The said appeal has been filed by the State of Maharashtra for enhancement of sentence and it has been admitted by us today. 3.In the meanwhile the applicant has already 2 undergone the sentence of 5 years as awarded by the trial Court. Therefore, he prays for being released on bail during the pendency of Criminal Appeal No.435/2003. 4.In the peculiar facts of this case the applicant deserves to be released on bail unless required in any other case. 5.Hence it is directed that the applicant be released on bail in the sum of Rs.10,000/- on the condition that during the pendency of Criminal Appeal No.435/2003 he will report to the nearest police station (Juhu Police Station) once in a month. We make it clear that in lieu of surety, deposit of cash is permitted in the trial Court. [SMT.ROSHAN DALVI, J.] [B.H. MARLAPALLE, J.]