1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 238 OF 2010 IN CRIMINAL APPEAL NO. 154 OF 2010 Kirmay Dineshchandra Barman ...Applicant (Orig.Accused No.2) vs. The State of Maharashtra ...Respondent Mr.Aniket Vagal for the Applicant. Mrs.P.P.Bhosale, APP for the State. CORAM : V.M. KANADE, J. DATED : MARCH 15, 2010 P.C. :- 1 Heard Counsel for the applicant and APP for the State. 2 The applicant is convicted for the offence punishable under Section 392 read with 34 of the IPC and sentenced to undergo RI for five years and to pay fine of Rs.500/- and in default, to suffer RI for two months. The applicant is in jail since 15th 2 April, 2008. 3 It is submitted that the applicant has undergone almost 40% of the sentence. It is further submitted that the only role attributed to the present applicant was that he was standing near the door and was holding toy pistol in his hand. 4 In my view, since the applicant is in jail since last two years and the sentence awarded to him is five years, the applicant deserves to be released on bail. There are no prior antecedents. The appeal is not likely to come up for hearing immediately in the near future. 5 The applicant be released on bail in the sum of Rs.5000/- with one or two sureties in the like amount. He shall report to the concerned police station once in a month. 6 Application is disposed of. (V.M. KANADE, J.)