mss IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO. 123 OF 2010 IN CRIMINAL APPEAL NO. 14 OF 2010 KANWARDEEPSINGH HARBANSINGH BEDI.. .. APPLICANT Versus THE STATE OF MAHARASHTRA .. .. RESPONDENT Mr. N. Janardhanan i/b V. M. Mali for the applicant Mr. H. J. Dedhia, APP CORAM: SMT. RANJANA DESAI & SMT. V. K. TAHILRAMANI, JJ. DATED : 29/3/2010 P.C. This appeal is directed against the judgment and order dated 22nd December, 2009 passed in Sessions Case No. 447 of 2009 by the Sessions Court at Sewree. 2. The applicant was charged that on 24/11/1985 at about 11.30 a.m. on vessel INS RANJEET In Naval Dockyard situated at Greater Mumbai, he being a midshipman, had committed theft of three bullets of 9mm carbine and thereby committed an offence punishable under Section 381 of I.P.C. The applicant was further charged that he intentionally or knowingly caused the death of Omprakash Dube and Hanumansingh Jeevansingh Rathod by firing bullets from the carbine on their head and thereby committed an offence under section 302 of I.P.C. The applicant was further charged that during the course of same transaction, he was found in possession of deadly weapon like firearm i.e. 9 mm carbine and thereby committed offence in contravention of provision of section 7 punishable under section 27 of Arms Act. 3. By the judgment and order dated 15.01.1988, learned Sessions Judge convicted him under Section 302 of I.P.C. and sentenced him to life imprisonment. 4. The applicant preferred an appeal against the said judgment and order being Criminal Appeal No. 89 of 1988. On 7/5/2009, the appeal was partly allowed. This court held that the trial Court lacked jurisdiction to try the case. Hence, the order of conviction and sentence was set aside. Sessions Case No. 79 of 1986 was restored to the file and Additional Chief Metropolitan Magistrate was directed to take appropriate steps as required under the Rules and to pass orders for trial by Court Martial or under Section 209 of Cr. P. C. committing the case to Sessions Court for trial. Direction was given to the Principal Judge to assign the case to Fast Track Court and conclude the trial on or before 31/12/2009. 5. After remand, charge was framed. The case was retried and as stated herein above, the appellant – accused was convicted by the Adhoc Additional Sessions Judge and was sentenced to life imprisonment by order dated 22/12/2009. 6. The appeal was admitted on 27/1/2010. The application for bail filed by the applicant is on board today. 7. We have heard Mr. Janardhanan, learned counsel for the applicant. Mr. Janardhanan submitted that the applicant was on bail during trial and was released on bail by this court after his appeal was admitted. The applicant continued to be on bail till he was convicted under the impugned judgment and order. From that date i.e. from 22/12/09, he is in custody. Learned counsel submitted that during the period the applicant was on bail, he abided by the conditions imposed on him. He submitted that the applicant is at present staying at Mohali and as directed by this court, he is attending the Sessions Court, Mumbai. Counsel submitted that after remand, the prosecution has adduced the evidence of only one eyewitness and the investigating officer. There is no other evidence on record. Counsel submitted that in the circumstances the applicant be released on bail. 8. We had directed learned APP to find out whether the statement that the applicant has abided by the conditions of bail order is true. Learned APP on instructions from the concerned police officer states that the applicant has indeed been attending the Sessions Court as directed. 9. In the peculiar facts and circumstances of the case and particularly considering the fact that the applicant has been on bail during the 1st trial as well as the trial after remand and till he was convicted under the impugned order; that he has not committed breach of the conditions imposed on him, in our opinion, the applicant should be released on bail. In the circumstances, we pass the following order: The applicant Kanwardeepsingh Harbansingh Bedi is ordered to be released on bail in the sum of Rs.30000/- with one or two sureties to make up the amount. While on bail the applicant shall attend the Sessions Court at Mumbai, once in six months. If he does not abide by this condition his bail shall stand cancelled. The application is disposed of. (Smt. Ranjana Desai, J.) (Smt. V. K. Tahilramani, J.)