1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 538 OF 2010 Ashok Chiman Kamli ...Applicant (Orig.Accused) vs. The State (U.T. Adminsitration of Daman & Diu) ...Respondent (Orig.Complainant) Mr.C.M. Kothari for the Applicant. Mr.S.R. Shinde, APP for the State. Mr.D.A. Nalawade, GP for Respondent No.1. CORAM : V.M. KANADE, J. DATED : APRIL 19, 2010 P.C. :- 1 Heard Counsel for the applicant and APP for the State. 2 The applicant has been convicted for the offence punishable under Sections 307, 498A, 342 of the IPC and is sentenced to suffer RI for 10 years. 2 His first application for bail was rejected by this Court by order dated 16th October, 2007. 3 Counsel for the applicant submitted that the applicant has already undergone four years and nine months of sentence and if the remissions are included in the actual period undergone by him, the applicant has undergone almost 2/3rd of the sentence awarded by the Sessions Court. He submitted that though appeal was expedited, the appeal could not he heard and it is still pending in this court. It is submitted that the appeal may not be heard immediately in the near future and therefore, the applicant may undergo the entire sentence during the pendency of the appeal. It is submitted that the applicant has a good case on merits. 4 The earlier application filed by the applicant was rejected on merits, particularly, because, according to the prosecution, the applicant inflicted about 37 injuries on his wife. However, 3 now since the applicant has undergone almost 2/3rd of the sentence including the remissions and since the appeal may not be heard immediately in the near future, the applicant deserves to be released on bail subject to certain conditions being imposed on him. 5 The applicant be released on bail on execution of P.R. Bond in the sum of Rs.5000/- with one or two sureties in the like amount. He shall, however, not enter the area of Nani Daman. The applicant shall report to the nearest police station from his new residence once in a month. The applicant shall not make any attempt to contact his wife. If any report is received of violation of the said condition, the bail granted to him will be cancelled. 6 Application is disposed of. (V.M. KANADE, J.) 4