IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1229 OF 2007 CRIMINAL APPLICATION NO. 1229 OF 2007 CRIMINAL APPLICATION NO. 1229 OF 2007 IN CRIMINAL APPEAL NO/ 1175 OF 2007 Farid Mohd. Jafar Shaikh .... Applicant versus The State of Maharashtra ...... Respondent. Ms. Sharmila Kaushik for the applicant. Mrs. P.P. Shinde APP for State. CORAM; A.P. DESHPANDE, J. CORAM; A.P. DESHPANDE, J. CORAM; A.P. DESHPANDE, J. DATED; 6TH FEBRUARY, 2008 DATED; 6TH FEBRUARY, 2008 DATED; 6TH FEBRUARY, 2008 P.C.; P.C.; P.C.; 1. The applicant has been convicted for offence punishable under section 392 read with 397 of IPC and has been sentenced to suffer R.I. for seven years and to pay a fine of Rs.500/- in default to suffer R.I. for one month. An affidavit in reply has been filed by the State indicating that there are about nine offences registered at different police stations. Three offences are registered under section 392 of IPC. It is stated in the affidavit that the applicant is a habitual offender and involved in large number of criminal cases and should not be released on bail. In the first affidavit dated 17-1-2008, it is stated in para 5 that the present applicant was detained under the provisions of M.P.D.A. Act by order dated 7-7-2006 for a period of one year. It is then stated that the offence in question which is subject matter of the appeal has been committed by the applicant on 2-12-2006 i.e. immediately after his release from detention. Relying on these two dates of detention and commission of offence the learned counsel for the applicant tried to contend that as per the affidavit filed by the respondent, the applicant was under detention at the time of commission of offence and hence he is entitled to be released on bail. An additional affidavit has been filed today stating that the date of order of detention as stated in para 5 of the first affidavit to be 7-7-2006 is erroneous and the detention was pursuant to an order dated 7-7-2005. A copy of the detention order is also enclosed to the affidavit. It is thus clear that immediately after release from detention within two months, the offence in question has been committed. Having regard to the totality of the facts and circumstances, in my view it is not a fit case to release the applicant on bail. Hence application is rejected. ...