1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICAITON NO.531 OF 2007 IN CRIMINAL APPEAL NO.527 OF 2006 Ramesh Laxman Chavan. ..Applicant. Accused No.3. V/s. The State of Maharashtra ..Respondent. Mr.V.V.Purwant for Applicant. Mr.V.B.Konde-Deshmukh, APP for Respondent-State. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : APRIL 4, 2008. DATE : APRIL 4, 2008. DATE : APRIL 4, 2008. P.C. : P.C. : P.C. : 1. Heard Counsel for the parties. 2. It is not in dispute that the Accused No.1 has already been released on bail in connection with the self-same offence in terms of the Order passed by this Court dated October 26, 2007. The principal reason, which weighed with this Court for releasing the Accused No.1 on bail is that the said accused had already undergone imprisonment for a period of three years out of the maximum punishment of five years awarded by the Lower Court. The same reason applies with full force to the Applicant/Accused No.3. Inasmuch as he was arrested on 29th September, 2002 2 and was released on bail during the trial on 10th June, 2003. However, the Applicant has once again surrendered on 26th April, 2006 after the impugned Judgment. Since then, the Applicant is continuously in custody, which fact is not in dispute. It is also noticed that when the Applicant was enlarged on bail during trial of the present case, no untoward incident has been reported against the Applicant. In other words, the Applicant abided by all the bail conditions during the trial. 3. Suffice it to observe that as the main Accused No.1 has already been enlarged on bail in the present case, for the same reasons, the Applicant also deserves to be enlarged on bail. The only objection of the State is that there are antecedents against the present Applicant/accused No.3. Inasmuch as, three criminal cases are registered against him and are reportedly pending. Those cases however, pertain to year 1991, 1997 ad 2002. As aforesaid, there is nothing on record to indicate that after June, 2003, the Applicant indulged in any criminal offence, after he was released on bail in the present case during the pendency of the trial. Thus understood, the fact that there are three criminal cases pending against the Applicant can be of no 3 avail to the State. 4. Taking over all view of the matter, the Applicant is released on bail on the following conditions. (a) The Applicant Ramesh Laxman Chavan is directed to be released on bail in connection with the offence in Spl(MCOC Act) Case No.1/2003, if not required in any other case, on executing bail bond in the sum of Rs.50,000/-(Rs.Fifty thousand only) with one or two sureties in the like amount. (b) The Applicant Ramesh Chavan shall report Bhosari Police Station, Pune twice in a month on 1st and 3rd Monday of every English Calender month between 10 a.m. to 1 p.m. till further orders to be passed by this Court and/or disposal of Appeal. (c) The Applicant shall not travel outside the district Pune without written permission of this Court. (d) The Applicant shall inform his latest 4 place of residence immediately after being released and/or change of residence, if any from time to time, to the Sr.Inspector of Police, Bhosari Police Station where he would report. (e) The Applicant shall deposit passport, if any, with the Sr.Inspector of Police, Bhosari Police Station within three weeks from the date of his release, which will be retained by the said Sr.Inspector of Police till further order to be passed by this Court. In case, the Applicant does not have any passport or has already deposited the same with any Authority, shall file affidavit to that effect within three weeks from the date of his release in this Court. 5. Application disposed off on the above terms. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)