1 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELATE JURISDICTION CRIMINAL APPLICATION NO.589 OF 2010 IN CRIMINAL APPEAL NO.410 OF 2006 Sanjay Jawant Gaikwad ...Applicant vs. The State of Maharashtra (Through C.B.I.) ...Respondent Mr.S.V.Parab i/b M/s.Rajeev Sawant & Associates for the applicant Mr.J.P.Kharge, A.P.P for State CORAM : V.M.KANADE,J. DATE : JULY 2, 2010 P.C.: 1 Heard learned counsel appearing on behalf of the applicant and the learned counsel on behalf of the respondent. The applicant is convicted for the offence under sections 120 (B) r/w 255,256, 258,259 and 420 read with section 511 of the Indian Penal code. He is sentenced to suffer R.I for the period of 10 years and to pay fine of Rs.50,000/- each and in default of payment of fine to further undergo R.I for the period of one year each. It is submitted that other co-accused Ramratan Soni has been released on bail. He has undergone 7 years of sentence. The applicant is praying for bail on the ground of parity. It is submitted that the present applicant has undergone 7 years and six months of sentence out of total sentence of 10 years. The learned counsel for CBI admits that the applicant has undergone 7 years and six months of sentence out of 10 years awarded by the trial Court. 2 2 The applicant, therefore, in my view is entitled to be released on bail on the ground of parity. 3 The Apex Court in several Judgments has observed that the right of appeal is a statutory right and since the appeal is pending, the order of the trial Court has not attained finality till the appeal is heard and disposed of. 4 Under these circumstances, the applicant deserves be released on bail. 5 The applicant be released on bail in the sum of Rs. 25,000/- with one or two sureties in the like amount. He will report to the CBI office once in two months. 6 Application is disposed of. (V.M.KANADE,J.)