1 Crim.Appln. No.492/2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 492 OF 2010 IN CRIMINAL APPEAL NO. 264 OF 2010 1) Mithun @ Nitin Zumbar Kale, 2) Mahesh Murlidhar Bhosale, 3) Pintu Bana Pawar, 4) Birappa Chandu Shinde, 5) Netaji Chandu Shinde, 6) Chandu Vishwambhar Shinde, 7) Mallinath Vishwambhar Shinde, 8) Sudhakar Shivdas Shinde, 9) Sukha Shinde, 10)Nagnath Chandu Shinde ...Applicants vs. The State of Maharashtra ...Respondent Mr.V.V. Purwant for the Applicants. Mrs.R.V. Newton, APP for the State. CORAM : V.M. KANADE, J. DATED : JULY 23, 2010 P.C. :- 1 Heard Counsel for the applicants and APP for the State. 2 Crim.Appln. No.492/2010 2 The applicants have been convicted for the offence punishable under Section 395 of the IPC and sentenced to suffer RI for five years. The applicants have already undergone six months of the sentence. The applicants were on bail during trial. 3 The learned APP for the State submits there are some antecedents against some of the applicants. 4 In my view, taking into consideration the sentence awarded by the Sessions Court and the fact that the appeal may not immediately reach for final hearing in the near future, the applicants need not be kept in jail indefinitely during the pendency of the appeal, particularly, if the Court prima facie comes to the conclusion that the evidence adduced by the prosecution is not sufficient to establish the charges levelled against them. 5 The applicants, therefore, be released on 3 Crim.Appln. No.492/2010 bail on execution of P.R. Bond in the sum of Rs. 5000/- each with one or two sureties each in the like amount. The applicants shall report to the concerned police station once in a month. 6 Application is disposed of. (V.M. KANADE, J.)