- 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 1164 OF 2009 IN APPEAL No. 1038 OF 2008 Mansoor Badaruddin Musadi ... Applicant Vs. The State of Maharashtra ... Respondent Mr. M. K. Kocharekar i/b Rajeev Savant, for the Applicant. Mrs. S. V. Gajare, APP for the Respondent. CORAM : Mrs. MRIDULA BHATKAR, J. DATE : OCTOBER 14, 2009. PC :- 1. This application is moved on the ground of parity. 2. The Applicant is convicted on 29th August 2008 for the offences punishable under section 342, 365, 385, 387, 506 read with 120(b) of the Indian Penal Code. The maximum sentence was awarded to suffer R.I. for five years. Learned counsel appearing for the applicant submitted that the applicant/accused is taken in custody on 24-3-1993 and after nine months he was released on bail and thereafter he put behind the bar on 29th September 2008 i.e. after the conviction by the learned Sessions Judge. The learned counsel prays for bail on the ground of parity and my attention was drawn to the three orders passed by the Bench one is dated 15th October 2008 rejecting bail application of the present applicant and - 2 - the other co-accused and thereafter second order passed dated 31-7-2009 allowing the bail application of the co-accused, and third order dated 7th September 2009 allowing the bail application of another co-accused. The learned counsel appearing for the applicant has submitted that the co-accused has preferred SLP before the Hon’ble Supreme Court and has requested the High Court to consider desirability of disposing of the appeal at an early date. This Bench on 31st July 2009 on the background of the order passed in the SLP has observed that it is not possible to decide this appeal immediately in near future and the applicant (co-accused) had undergone more than 50% of the sentence. So he was released on bail. 3. Considering the findings given by the learned trial judge especially in paragraph 53 of the impugned judgment, disclosing the heinous method of torture by the accused. However, on the ground of parity and the order passed by the Hon’ble Supreme Court in SLP, bail application is allowed on the following conditions. (i) Applicant/accused is to be released on the bail amount of Rs.50,000/- with one surety in the like amount or two sureties of Rs.25,000/- each. (ii) Applicant/accused to visit to DCP, CID on 1st and 15th day of the month. [ Mrs. MRIDULA BHATKAR. J.]