13. cr appa 103-10.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 103 OF 2010 IN CRIMINAL APPEAL NO. 1067 OF 2008 Ajay Shripoojan Sharma .. Applicant Vs The State of Maharashtra .. Respondents Mr. Neelesh Vasant Kalantri i/b M/s. Kalantri Associates for the Applicant Mr. V.B. Konde-Deshmukh, APP for the State CORAM : SMT. V.K. TAHILRAMANI, J DATE : 27th SEPTEMBER,2010. P.C.: 1. Heard learned advocate for the applicant-original accused no. 2 and learned APP for the State. 2. The applicant-original accused no. 2 has been convicted under Sections 392 read with 397 of IPC and sentenced to seven years RI. He has preferred appeal against the said order which is pending. Now, the applicant is seeking bail. 3. The learned advocate for the applicant submitted that the applicant was not armed with any weapon at the time of the incident and hence, as far as the applicant is concerned, Section 397 would not be attracted. On perusal of the 1 13. cr appa 103-10.doc evidence, I find much merit in this submission. 4. Learned advocate for the applicant stated that besides this case, the applicant has a clean record. This statement has not been controverted by learned APP. Moreover, admittedly, the applicant has been in custody for about 4 1/2 years. Looking to the evidence on record and the period of imprisonment undergone by him, I am inclined to grant bail. Hence, the order: O R D E R 1. Applicant Ajay Shripoojan Sharma be released on bail in the sum of Rs. 25,000/- [Rs. Twenty Five Thousand Only] with one or two sureties to make up the said amount. The sureties shall be local sureties. The Applicant shall report to the Turbhe Police Station twice in a week till disposal of the appeal. 2. Application is allowed in above terms. [SMT. V.K. TAHILRAMANI, J.] 2 13. cr appa 103-10.doc 3