((-1-)) mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.147 OF 2009 IN CRIMINAL APPEAL NO.133 OF 2009 Udaysingh @ Chhotu Baberia & ors. Applicants versus State of Maharashtra Respondent S.V.Marwadi for applicants. Y.S.Shinde, APP for State. CORAM : A.S.OKA, J. DATE : 04th March 2009 PC : 1. Heard advocate for the applicants and learned APP for the State. The applicants have been convicted for the offence under section 399 of the Indian Penal Code and have been sentenced to suffer rigorous imprisonment for a period of four years. The applicants are in custody from July 2008. The application for bail is moved mainly on the ground that duration of the sentence is limited and the appeal is not likely to reach for hearing before the period of substantive sentence is over. 2. As stated earlier, the applicants are in custody from July 2008. ((-2-)) 3. The learned APP has submitted a report which shows that there are three cases pending against applicant no.1. It is stated in the report that the applicants are residents of Madhya Pradesh and they are likely to commit offences if they are enlarged on bail. 4. Considering the balance period of sentence, it is unlikely that the appeal will be heard before the period of sentence is over. As far as applicant no.1 is concerned, in one case pending against him he has been enlarged on bail and in other case he has been discharged. Considering the findings recorded and peculiar facts of the case, the applicants are entitled to bail. 5. The apprehension expressed by the APP can be taken care of by imposing stringent conditions. Hence, I pass following order : (a) The applicants shall be enlarged on bail in the sum of Rs.15,000/- (Rs.Fifteen thousand only) each with one or two local sureties in the like sum; (b) Bail is granted subject to condition that the applicants will report to Boisar Police Station once in every calender month till disposal of the appeal. ((-3-)) (A.S.OKA, J.)