1 (crim appln 872 of 2010) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 872 OF 2010 IN CRIMINAL APPEAL NO. 517 OF 2010 Vikrant Vishal Malhotra @Ajkay @ Vicky Malhotra @ Vijaykumar Rambadhai Chowdhari ...Applicant Vs. The State of Maharashtra ...Respondent ----- Mr.Shirish Gupte, Senior Counsel i/b. Mr.Nitin Sejpal and Ms. Pooja Bhojne for Applicant Mr.A.S. Shitole -APP for State. ----- CORAM: V.M. KANADE J. DATED: 14TH JULY, 2010 P.C. 1. This is an application filed by the Applicant against the conviction for the offences punishable under sections 385, 387, 120B of the Indian Penal Code. The Applicant is sentenced to suffer R.I. for 5 ½ years for the said offence. 2. The Applicant is acquitted from the charges which were levelled against him under the provisions of MCOC Act. 3. Shri Gupte, the learned Senior Counsel appearing on behalf of the Applicant submits that the Applicant 2 (crim appln 872 of 2010) has already undergone 5 years of actual imprisonment. He, therefore, submitted that the Applicant deserves to be released on bail since appeal may not be heard immediately in near future. 4. The Learned APP for the State submits that the State Government is likely to file an appeal against the order of acquittal passed by the Trial Court acquitting the Applicant for the offences punishable under the MCOC Act. 5. Taking into consideration the fact that the Applicant has already undergone almost 95% of the sentence, the Applicant deserves to be released on bail. Since the appeal against the acquittal has not been yet filed, the question of rejecting the bail application of the Applicant on that ground does not arise. 6. The Applicant, therefore, shall be released on bail on execution of P.R. Bond of Rs.10,000/- with one or two sureties in the like amount. He shall, however, report to the DCB-CID, Mumbai twice in a month. 7. Application is disposed of. (V.M. KANADE J.)