5. appa 1230-10&apeal 707-07.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 707 OF 2007 WITH CRIMINAL APPLICATION NO. 1230 OF 2010 Dashrath V. Barasakle .. Appellant Vs The State of Maharashtra .. Respondent Mr. Yug Mohit Chaudhary for the Appellant Ms. M.M. Deshmukh, APP for the State CORAM : SMT. V.K. TAHILRAMANI, J DATE : 20th OCTOBER, 2010. P.C.: 1. Heard learned advocate for the appellant-original accused no. 3 and learned APP for the State. 2. This appeal is directed against the order dated 26th April 2007 in Sessions Case No. 401 of 2007 passed by learned 2nd Adhoc Additional Sessions Judge, Sewree convicting the appellant under Sections 450 and 394 of IPC. For the offence under Section 450, the appellant was sentenced to RI for seven years and fine of Rs. 5000, in default RI for six months. For the offence under Section 394 of IPC, the appellant was sentenced to RI for 10 years and fine of Rs. 1 5. appa 1230-10&apeal 707-07.doc 5000/-, in default RI for six months. 3. The appellant-original accused no. 3 has preferred the above mentioned application for bail through jail. The learned advocate for the accused stated that the applicant has been in custody for about six and half years i.e from the date of his arrest on 3rd March 2004 till today, the accused has been in custody. Learned APP states that with remission, the applicant has completed 7 years, 7 months and 21 days as on 30th September 2010. 4. Learned advocate for the accused stated that he does not wish to make any submissions on merits but he only wishes to make submission on the quantum of sentence. Learned advocate for the accused stated that besides the present case, the applicant is not involved in any other case. He submitted that the applicant has an old mother who is suffering from medical problems and his younger sister who is a widow is dependent on him. The younger sister is suffering from HIV. It is further submitted that the father of the appellant expired and there is no one available to take care of his mother and sister, hence, the sentence of imprisonment be reduced to the period undergone by the appellant. 5. There is no material to show that this appellant is 2 5. appa 1230-10&apeal 707-07.doc involved in any other case. The report produced by learned APP shows that the conduct of the appellant in jail has been good. The report is taken on record and marked 'X' for identification. It is also an admitted fact that while in prison, the appellant has enrolled for Bachelor of Arts (BA) by way of long distance education. It is seen that while in prison, the appellant has been prosecuting his studies and he has passed F.Y.B.A. in May 2009. The documents produced by Mr. Chaudhary, learned advocate for the accused relating to long distance education pursued by the accused from jail are taken on record and marked 'X1' for identification. 6. Looking to all the above facts, I am inclined to reduce the period of substantive sentence of imprisonment under Sections 450 and 394 of IPC to the period undergone by the applicant. Hence, the order: O R D E R 1. Appeal is party allowed. 2. The conviction under Sections 450 and 394 of IPC is confirmed. 3. The substantive sentences of imprisonment under Sections 450 and 394 of IPC are reduced to the period undergone by the applicant. 4. Fine amount is maintained, however, in default, 3 5. appa 1230-10&apeal 707-07.doc sentence of imprisonment is reduced to two months RI on each count. 5. In view of disposal of appeal, nothing survives in Criminal Application No. 1230 of 2010 and it is disposed of as infructuous. [SMT. V.K. TAHILRAMANI, J.] 4