1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.974 OF 2009 IN CRIMINAL APPEAL NO. 1038 OF 2008 Jaganath @ Jaggi Shivram Surve ... Applicant Vs. The State of Maharashtra ... Respondent Mr. M.K. Kocharekar i/b. Rajeev Sawant for the Applicant Mr. S.V. Gajare APP for the Respondent State. CORAM : MRS. MRIDULA BHATKAR, J. Dated :- 7th September, 2009. PC : Applicant is convicted on 29th August, 2008 for the offences punishable under Section 342,365,385,387,506 read with 120(b) of the Indian Penal Code. The maximum sentence was awarded to suffer R.I. for five years. Learned counsel appearing for the appellant submitted that the applicant accused is taken in custody on 24.03.1993 and after nine months he was released on bail and thereafter he put behind the bar on 29th September, 2008 i.e. after the conviction by the learned Sessions Judge. The learned counsel prays for bail on the ground of parity and my attention was drawn to the two orders passed by this bench one is dated 15th October, 2008 rejecting bail application of the present applicant and co-accused and thereafter second order passed dated 2 31.07.2009 allowing the bail application of the co-accused. Learned counsel appearing for the applicant has submitted that the co-accused has preferred SLP before the Hon’ble Supreme Court and while disposing the said SLP the Hon’ble Supreme Court has requested the High Court to consider desirability of disposing of the appeal at an early date. This bench on 31st July, 2009 on the background of the order passed in the SLP has observed that it is not possible to decide this appeal immediately in near future and the applicant (co-accused) had undergone more than 50% of the sentence. So he was released on bail. Considered the findings given by the learned trial judge especially in paragraph 53 of the judgment, disclosing the heinous method of torture by the accused. However on the ground of parity and the order passed by the Hon’ble Supreme Court in SLP Bail application is granted on the following conditions. (a) Applicant accused is to be released on the bail amount of Rs.50,000/- with one surety in the like amount or two sureties of Rs.25,000/- each. (b) Applicant accused to visit to DCP, CID on 1st and 15th day of the month. (MRIDULA BHATKAR, J.) 3