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. 1363 OF 2008 CRIMINAL APPLICATION NO. 1363 OF 2008 CRIMINAL APPLICATION NO. 1363 OF 2008 IN IN IN CRIMINAL APPEAL NO. 455 OF 2006 CRIMINAL APPEAL NO. 455 OF 2006 CRIMINAL APPEAL NO. 455 OF 2006 Dushkalya Mokashya Kale ...Applicant (Orig.Accused No.1) vs. The State of Maharashtra ...Respondent Mr.D.G. Khamkar for the Applicant. Mrs.M.H.Mhatre, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : DECEMBER 17, 2008 DATED : DECEMBER 17, 2008 DATED : DECEMBER 17, 2008 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the applicant and APP for the State. 2. The applicant is convicted for the offence punishable under Section 395 of the IPC and is sentenced to suffer RI for 7 years and to pay fine of Rs.1000/- and in default, to suffer further RI for three months. He is also convicted for the offence punishable under Section 420 of the IPC and sentenced to suffer RI for five years and to pay fine of Rs.1000/- and in default, to suffer further RI for three months. - 2 - 3. The applicant is in jail since last about three years. A reference has been made to that effect in para 5 of the operative part of the judgment and order of the lower court stating that the applicant was in jail from 19.8.2005 till 13.1.2006. The trial court delivered the judgment and order on 4.3.2006 and since then, he is in jail. The other two applicants have been released on bail. Since the appeal is not likely to come up for hearing for some time, the applicant deserves to be released on bail. 4. The applicant be released on bail in the sum of Rs.5000/- with one or two sureties in the like amount. He shall, however, report to Daund Police Station twice in a month. 5. The application is disposed of. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)