1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.422 OF 2008 IN CRIMINAL APPEAL NO.536 OF 2006 Kailash Bhagchand Laddad ..... Petitioner. (Original Accused No.2) V/s The Stae of Maharashtra & Anr. ...... Respondents. ---- Ms Pooja Bhojne for the petitioner. Mr. U.V. Nikam, APP for the State. ----- CORAM: V.M. KANADE, J. DATE : 12th November, 2008 P.C.: 1. Heard the learned Counsel for the petitioner and the learned APP for the State. 2. Petitioner is convicted for an offence punishable under section 307 read with section 109 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for seven years. It is the case of the prosecution that on 16.09.2003 P.W. 1 -Vasudeo Ramchandra Pardhi was doing his duty at Sindhi Society, Chembur and, after meeting his boss, he came out of the Office and was talking with the Contractor P.W. 5 – Ali Ahmed Siddiqui and at, that time, two persons came on motor-cycle towards their direction and opened fire at them. As a result, P.W. 1 had received injury on his chest and left hand. Prosecution case is that the present petitioner was driving the motor-cycle. 2 3. The learned Counsel appearing on behalf of the Petitioner submits that the Petitioner is in jail since 20th October, 2004 and has already completed four years of sentence. She submitted that the appeal is not likely to be heard for quite some time and the only role attributed to the petitioner is that he was driving the motor-cycle. 4. The learned APP for the State submits that the accused No.1 is absconding and there are two cases pending against the petitioner. In one case, the Petitioner is acquitted and the other case is still pending against the petitioner. 5. Taking into consideration the role which is attributed to the petitioner and the fact that the petitioner is in jail since last four years and that since the appeal is not likely to be heard immediately in near future, it will be appropriate if the direction is given to release the petitioner on bail subject to certain conditions being imposed on him. 6. Petitioner be released on bail in the sum of Rs 5,000/- with two sureties in the like amount. Petitioner shall provide one local surety. Petitioner, however, shall report to Chembur Police Station once in a week for a period of one year and, thereafter, once in every month, pending the hearing and final disposal of the appeal. 7. Application is disposed of. 3 (V.M. KANADE, J.)