1 APPA1305/10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1305 OF 2010 IN CRIMINAL APPEAL NO.791 OF 2010 Malang Bhagappa Pujari .... Applicant. V/s The State of Maharashtra (Worli Police Station) .... Respondent. Mr. Aniket Vagal for the applicant. Mr. A.S. Shitole, APP for the State. CORAM: V.M. KANADE, J. DATE : 16th November, 2010 P.C:- 1. Heard the learned Counsel for the applicant and the learned APP for the State. 2. Applicant was convicted by the Trial Court for the offence punishable under section 307 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for five years. The learned Counsel for the applicant submitted that the applicant has already undergone 2 years 6 months and 23 days of actual sentence and, therefore, has undergone 50% of the sentence awarded by the Sessions Court. It is submitted that even otherwise the applicant has a good case 2 APPA1305/10 on merits. 3. The learned APP appearing on behalf of the State vehemently opposed this application for bail. He submitted that there are three cases pending against the applicant. 4. In my view, since the applicant has undergone 50% of the sentence, he deserves to be released on bail, as the appeal which he has filed against the order of conviction is not likely to be heard immediately in near future taking into consideration the pendency of the cases in this court. The Apex Court in its judgment in Mansingh vs. Union of India1 has held that in the event the applicant undergoes 50% of the sentence he should ordinarily be released on bail. In view of the ratio of the judgment of the Apex Court in Mansingh (supra), applicant deserves to be released on bail. 5. 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 report to the concerned Police Station once in a month. Hearing of the appeal is expedited. 6. Application is disposed off. V.M. KANADE, J. 1 (2006) 1 SCC (Cri) 279