1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 790 OF 2010 IN CRIMINAL APPEAL NO. 718 OF 2007 Sandeep Bhikaji Polekar ...Applicant vs. The State of Maharashtra ...Respondent Mr.Prakash Naik for the Applicant. Mr.J.P. Kharge, APP for the State. CORAM : V.M. KANADE, J. DATED : JUNE 25, 2010 P.C. :- 1 Heard Counsel for the applicant and APP for the State. 2 This is an application for bail. His first application for bail was allowed to be withdrawn and liberty was granted to apply after six months. An order was passed on 14th December, 2007. The applicant was arrested on 8th November, 2005 and is 2 in custody since then. The applicant has been convicted for the offence punishable under Section 304 Part II and is sentenced to suffer RI for 7 years. 3 Counsel for the applicant submitted that the applicant is in jail and has undergone more than 50% of the sentence and therefore, he deserves to be released on bail. He submitted that there was sudden fight while the deceased was playing cricket. He, therefore, submitted that the alleged assault by the applicant to the deceased was not premeditated. 4 In my view, taking into consideration the fact that the applicant has already undergone four and half months of the sentence and the period of remission which the applicant is entitled is taken into consideration, the said sentence would be more than 5 years. The Apex Court in several judgments has observed that if the applicant undergoes 50% of the sentence and the appeal is not likely to be 3 heard immediately in the near future, in such cases, the applicant is entitled to be released on bail. Taking into consideration this fact, the applicant, therefore, is directed to be released on bail. 5 The applicant shall give P.R. Bond in the sum of Rs.5000/- with one or two sureties in the like amount. The applicant shall report to the concerned police station once in a month. 6 Application is disposed of. (V.M. KANADE, J.)