IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.673 OF 2009 IN CRIMINAL APPEAL NO.369 OF 2008 Raju Bhau Bhale ...Applicant Vs. State of Maharashtra ...Respondent --- Shri Sandeep K. Shinde i/b. Shri Sagar Kasar Mrs. Shinde APP for State ---- CORAM: V.M. KANADE J. DATED 4TH AUGUST, 2009 P.C. 1. Heard the learned Counsel appearing on behalf of the Applicant and the learned APP appearing on behalf of the State. 2. The Applicant has been convicted by the Trial Court for the offence punishable under section 307 of the Indian Penal Code and sentenced to undergo R.I. for 10 years. 3. Appeal against the said order has been admitted by this Court. However, application for bail which was filed by the Applicant, was rejected by this Court by order dated 19th November, 2008. It is submitted that the Applicant is in jail from the date of incident i.e. from 6.6.2007 and has undergone more than two years of sentence. It is submitted that appeal is not likely to come up for hearing in near future and while rejecting the application of the Applicant on merits, liberty was granted to the Applicant to apply for bail again if appeal is not heard within six months. 4. I am informed that at the moment appeals of 2009 of the Accused who are in jail, are being heard. This appeal is of the year 2008 and, as such, the appeal in normal course is not likely to come up for hearing atleast for another 4/5 years by which time, the Applicant would have undergone more than ¾ sentence imposed on him by the Trial Court. Since the Applicant has already undergone two years of sentence and since appeal is not likely to come up for hearing immediately in future. On this ground, in my view, the Applicant would be entitled to be released on bail, more particularly because he is not convicted for an offence which is punishable for death or imprisonment for life. The Applicant is a permanent resident of Igatpuri and, as such, he is not likely to abscond. The Applicant, therefore, be released on bail in a sum of Rs.5,000/- with one or two sureties in the like amount. He shall, however, report to Igatpuri Police Station twice in a week during the pendency of the appeal. 5. Application is allowed and disposed of. V.M. KANADE J.