1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1385 OF 2007 IN CRIMINAL APPEAL NO. 268 OF 2004 Shri Kalidas Mahadeo Shinde. ..Applicant. V/s. The State of Maharashtra. ..Respondent. Mr.S.P.Kadam for applicant. Mr.H.J.Dedhia, APP for respondent-State. CORAM: D.B.BHOSALE, J CORAM: D.B.BHOSALE, J CORAM: D.B.BHOSALE, J DATE : MAY 6, 2008. DATE : MAY 6, 2008. DATE : MAY 6, 2008. P.C. : P.C. : P.C. : 1. Heard learned Counsel for the applicant and learned APP for State. 2. This is the second application filed by the applicant for being released on bail pending hearing and final disposal of the appeal. The applicant has been convicted under various sections of IPC including section 376 and sentenced to suffer maximum 10 years punishment. All the substantive sentences under different sections are to run concurrently. His earlier application was rejected on merits by order dated 8th August, 2006 and at that stage, he had undergone 3 and 1/2 years’ sentence and, 2 therefore, liberty was given to apply for bail afresh if the appeal was not heard within one year from the date of order. From the date of arrest till this date, the applicant has undergone about 5 years and five months sentence. Admittedly, there are no criminal antecedents at his credit. 3. Mr.Kadam, learned Counsel for the Applicant submits that the applicant is not financially sound to prepare private paper book and till this date even the Office has not prepared the paper book and therefore, the appeal is not likely to be heard in near future. This statement of Mr.Kadam has not been disputed by the learned APP. 4. Mr.Kadam has placed reliance upon several judgments of the Supreme Court and the orders of this Court, in which similarly placed applicants have been released on bail. He submits that the applicant has undergone more than half of the sentence and therefore, he is entitled to be released on bail as held by the Supreme Court in Mansingh Vs.Union of Mansingh Vs.Union of Mansingh Vs.Union of India[(2006) 1 SCC(Cri)279] India[(2006) 1 SCC(Cri)279] India[(2006) 1 SCC(Cri)279] and other similar orders. He also placed reliance upon the Order dated 15th January, 2008 passed in Criminal Application No.1346 Criminal Application No.1346 Criminal Application No.1346 of 2007 in Criminal Appeal No.1285 of 2007 of 2007 in Criminal Appeal No.1285 of 2007 of 2007 in Criminal Appeal No.1285 of 2007 and order 3 dated 24th October, 2007 passed in Criminal Criminal Criminal Application No.362 of 2007 Application No.362 of 2007 Application No.362 of 2007 and submitted that in the Criminal Application No.362 of 2007 it was third application and since the applicant had undergone half the sentence, the Learned Single Judge released him on bail. 5. There is no dispute that the applicant has undergone more than half the sentence and that the appeal is not likely to be heard in near future. In the circumstances, the applicant be released on bail in the sum of Rs.10,000/-(Rs.Ten thousand only) with one or two sureties in like amount subject to condition that he shall report to the concerned police station i.e. Wathar Police Station on every first and third Saturday between 10 a.m. and 12 noon till the appeal is heard and disposed of on merits. 6. Application is accordingly disposed of. (D.B.BHOSALE,J) (D.B.BHOSALE,J) (D.B.BHOSALE,J)