1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 220 OF 2010 IN CRIMINAL APPEAL NO. 208 OF 2008 Nasir Pocchi ...Applicant vs. State of Maharashtra ...Respondent Mr.Sushan Kunjuraman & Mr.Mahesh Kadam for the Applicant. Mrs.P.P. Bhosale, APP for the State. CORAM : V.M. KANADE, J. DATED : JULY 9, 2010 P.C. :- 1 Heard Counsel for the applicant and APP for the State. 2 The applicant was convicted by the trial court for the offence punishable under Secton 307 read with Section 34 of the IPC and sentenced to 2 suffer RI for 5 years and to pay fine of Rs.1000/- and in default, to suffer further RI for 3 months and also under Section 3(1)(ii) of the MCOC Act, 1989 and is sentenced to suffer RI for 5 years and to pay fine of Rs.5 lakhs and in default, to suffer RI for one year. 3 Counsel for the applicant submits that the applicant is in jail since the date of his arrest i.e. 3rd April, 2005 and was not released on bail at any time. The applicant has, therefore, completed 5 years of actual sentence. Under these circumstances, therefore, the applicant deserves to be released on bail since the appeal may not be heard immediately in the near future. Though the amount of fine has not been paid by the applicant by virtue of provisions of Section 357(2) in view of the pendency of appeal, the payment of fine stands stayed. Even if the said order is confirmed by this court in appeal, even then the applicant would have 3 undergone the remaining period of one year if the period of remission is taken into consideration. Viewed from any angle, therefore, the applicant would be released on completion of the entire sentence awarded by the Sessions court. 4 The applicant, therefore, be released on bail on execution of P.R. Bond in the sum of Rs. 5000/- with one or two sureties in the like amount. 5 Application is disposed of. (V.M. KANADE, J.)