1 appln.1367.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Criminal Application No. 1367 of 2010 IN Criminal Appeal No. 1179 of 2006 WITH Criminal Appeal No. 818 of 2007 WITH Criminal Appeal No. 1179 of 2006 Khandu Babu Kamble ..Applicant v/s. State of Maharashtra ..Respondent Mr. A.S. Khandeparkar i/b. M/s. Khandeparkar & associates for the appellant / accused in appeal 1179/06. Dr. F.R. Shaikh – APP for State/appellants in appeal 818/07. CORAM:- A.M.KHANWILKAR & A.P. BHANGALE, JJ DATED :- DECEMBER 03, 2010. P.C. This is second bail Application filed by the Applicant-Accused No. 1. Against the earlier order rejecting bail Application on merits the Applicant and Accused No. 2 had filed Special Leave Petition before the Apex Court 2 appln.1367.10.sxw being SLP (Crl) No. 3621/2008. The same was, however, pressed only on behalf of the Applicant-Accused no. 1. It was disposed of by order dated 13th May, 2008. In view of the said order the Appeal was taken up for hearing on 25th October, 2010. However, none appeared for the Appellants when the matter was called out. Accordingly, it was ordered that the Appeal shall now proceed as per its turn under caption ‘convicts in jail’ which itself is an expedited category as per the present assignment. At the sametime we gave liberty to the Accused Nos. 1 and 2 to file Application for bail, if they so desire. Pursuant to the said liberty present Application has been filed by Accused No.1 – Applicant before us. 2. Counsel for the said Applicant submits that the Application is pressed only on the ground that the Applicant has already undergone substantial sentence period of over eight years in jail in connection with the offence in question. Besides, there are no other antecedents except the conviction in present offence against the Applicant – Accused No. 1. Moreover, his conduct in jail has been satisfactory and no complaint has been registered against him. The fact that the Applicant is in custody since 23rd May, 2002 in connection with present offence is not disputed by the Learned APP. It is also not disputed by the Learned APP that there are no antecedents against 3 appln.1367.10.sxw the Applicant or for that matter any complaint about his misbehavior or misconduct while in jail. Considering the fact that the Applicant - Accused No. 1 has already undergone more than eight years of imprisonment which is substantial sentence undergone; coupled with the fact that the Appeals pertaining to category of ‘convicts in jail’ which is as aforesaid already an expedited category as per the present assignment and that the oldest appeal which is on Board for hearing pertains to year 2002; further it is unlikely that the appeal filed by the Applicant - Accused No. 1 will mature for hearing in immediate near future, therefore, we think it appropriate to release the Applicant-Accused no. 1 on bail on following conditions which will have to be observed meticulously by the Applicant. We order accordingly. O R D E R The Applicant Khandu Babu Kamble - Original Accused no. 1 is ordered to be released on bail in connection with offence tried by the Sessions Court, Kolhapur being Sessions case No. 45/2003 on the following conditions:- (i) The Applicant shall furnish bail bond in the sum of Rs. 50,000/- with one or two sureties in the like amount. 4 appln.1367.10.sxw (ii) The Applicant shall not enter Kolhapur District while on bail. (iii) The Applicant shall disclose his latest residential address and report to the nearest local police station where he would reside, on every Monday between 9.00 a.m. to 12.00 p.m. until further orders. (iv) The Applicant shall furnish his latest residential address and if there is any change is his residential address, that should be notified to the local police station well in advance so that it can be verified by the concerned police station. He shall also provide his contact telephone number, if any, and shall not leave the jurisdiction of the concerned police station without 48 hours prior intimation to the concerned police station in that behalf. Besides giving such intimation, he shall disclose his itinerary and place of contact and address where he would travel during the said period. (v) The Applicant shall surrender his passport to the local police station, if any. 3. Application disposed of on the above terms. 4. Insofar as Appeals are concerned, the same to proceed as per their turn under caption ‘convicts in jail’. (A.P.BHANGALE, J) (A.M.KHANWILKAR, J)