1 (Appln 994 of 2010) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.994 OF 2010 IN CRIMINAL APPEAL NO. 400 OF 2006 Balku @ Balu Hari Patil ...Applicant Vs. The State of Maharashtra ...Respondent ----- MR.R.V. Gupta for Applicant Mrs. V.R. Bhosale -APP for the State ----- CORAM: V.M. KANADE J. DATED: 25TH AUGUST, 2010 P.C. 1. Heard the learned Counsel appearing on behalf of the Applicant and the learned APP for the State. 2. The Applicant has been convicted by the Trial Court for the offence punishable under section 395 r/w. 120-B of the Indian Penal Code and sentenced to suffer R.I. for 10 years and to pay fine of Rs. 50,000/- and, in default, to suffer further R.I. for two years. He has also been convicted for the offence punishable under section 342, 506 of the Indian Penal Code and sentenced to suffer R.I. for one year and to pay fine of Rs.3,000/- and, in default, to suffer 2 (Appln 994 of 2010) further R.I. for six months. The Trial Court had directed that both these sentences are to run concurrently. 3. It is submitted that the Applicant is in jail since 8.6.2003 and has completed seven years of actual imprisonment. It is also submitted that the other co-accused have been released on bail by this Court by order dated 17th June, 2010 in Criminal Application No. 90 of 2010. 4. In my view, the Applicant deserves to be released on bail since the main appeal may not be heard immediately in near future on account of pendency of cases in this Court. The Apex Court as well as this Court has observed in catena of cases that if the Applicant completes 50% of the actual sentence, he is entitled to be released on bail. In the present case, the other three co-accused have been released on bail by this Court by order dated 17th June, 2010 and even on the ground of parity, the Applicant deserves to be released on bail. Further if the period of remission is taken into consideration, the Applicant has practically undergone the entire sentence during the pendency of the statutory appeal in this Court. 3 (Appln 994 of 2010) 5. Under these circumstances, the Applicant be released on bail on execution of a P.R.Bond of Rs. 5,000/- with one or two sureties in the like amount. The Applicant shall, however, report to the concerned police station once in a month. 6. Application is disposed of. (V.M. KANADE J.)