1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 440 OF 2010 IN CRIMINAL APPEAL (STAMP) NO. 262 OF 2010 Bhima Kashinath Rathod ...Applicant vs. The State of Maharashtra ...Respondent Mr.J.B. Kocheta for the Applicant. Mrs.P.P. Bhosale, APP for the State. CORAM : V.M. KANADE, J. DATED : APRIL 13, 2010 P.C. :- 1 Heard Counsel for the applicant and APP for the State. 2 The applicant has been convicted for the offence under Section 8(c) read with 20(b)(II)(B) of the N.D.P.S. Act, 1985 and sentenced to suffer RI for 4 years and to pay fine of Rs.5000/- and in 2 default, to suffer further RI for three months. 3 Counsel for the applicant submits that the co-accused has been released on bail by this Court by order dated 10th December, 2008 in Criminal Application No.1328/2008. It is submitted that on account of financial constraints, the present applicant could not file appeal in time. As a result, the applicant has already undergone two years and 11 months out of the four years awarded. It is submitted that on the ground of parity also, the applicant deserves to be released on bail. 4 I have perused the order dated 10th December. 2008 passed by this Court. The co-accused has already been released on bail by the said order. For the same reasons and on the ground of parity, the applicant also, therefore, deserves to be released on bail. Moreover, the applicant has already undergone almost 90% of the sentence. He is in jail since last three years. 3 5 The applicant, therefore, be released on bail on execution of P.R. Bond of Rs.5000/- with one or two sureties in the like amount. He shall report to the concerned police station once in a month. 6 Application is disposed of. (V.M. KANADE, J.)