1 appln96-11apeal26-11 jpc/- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 96 OF 2011 IN CRIMINAL APPEAL NO. 26 OF 2011 Mr. Pradeep Chandu Sawant .. Appellant/accused Versus The State of Maharashtra .. Respondent Mr. B. M. Ganu for the Appellant Mr. S. A. Shaikh, APP for the the Respondent-State CORAM : N. D. DESHPANDE, J. DATE : 9 th February, 2011 P.C.: 1. Heard learned Counsel Mr. Ganu for the appellant and Mr. Shaikh, APP for the State. 2. This is an application for bail in the appeal which is admitted. The said appeal is preferred against the impugned judgement and order of conviction dated 29.9.2010 passed by the Sessions Judge in Sessions Case No. 70 of 2008. The appellant is convicted for the offencess under sections 143, 145, 146, 147, 149, 353, 427 and 436 of the Indian Penal Code and sentenced to suffer rigorous imprisonment of five years and to pay fine of Rs. 200/-. 3. It is the case of the appellant was arrested after 10 days of the alleged incident, in CR No.32 of 1993. He is falsely 2 appln96-11apeal26-11 implicated in this case. He never participated in the riot, he was not member of any unlawful assembly. There were many proceedings came to be filed after the riots which took place in January, 1993, that was the darkest period of Mumbai and most of the part was burning and that how the applicant became victim of this prosecution. His trial was separated and he came to be tried alone and after the judgment and order pronounced, he was taken in custody on 29.9.2010. 4. Perused the impugned judgment and order which is the part of the paper book of the appeal filed by the appellant. The applicant was earlier on bail till the order of conviction. There was no any complaint of misuse of the circumstances during the said period. The appellant is employed in a private company. In the above circumstances, the bail application deserves to be allied on certain terms and conditions. In my opinion, the following order would meet the ends of justice. O R D E R i. The appellant/accused shall be released on bail in the sum of Rs.10,000/- with one or two surety in the like amount to the satisfaction of the Trial Court, subject to the appellant deposits the fine amount. ii. Cash bail can be considered for a period of six weeks till the appellant/accused arranges regular surety. 3 appln96-11apeal26-11 iii. The appellant shall record his present address with the concerned police station and keep on informing if there is any change in the address in future. iv. The appellant shall be available at the time of hearing of the appeal or as and when this Court direct his presence through his counsel or in person. v. Needless to state that the State shall be at liberty to move for cancellation of bail, in case of breach of conditions or misuse of bail is noticed. vi. The bail application is accordingly disposed of. ( N. D. DESHPANDE, J. )