IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 510 OF 2008 CRIMINAL APPLICATION NO. 510 OF 2008 CRIMINAL APPLICATION NO. 510 OF 2008 IN IN IN CRIMINAL APPEAL NO. 1237 OF 2007 CRIMINAL APPEAL NO. 1237 OF 2007 CRIMINAL APPEAL NO. 1237 OF 2007 Jafar Jamil Shaikh ...Applicant/ Orig.Accused No.1 vs. The State of Maharashtra ...Respondent Mr.A.M. Saraogi for the Applicant. Mrs.M.H. Mhatre, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : NOVEMBER 24, 2008 DATED : NOVEMBER 24, 2008 DATED : NOVEMBER 24, 2008 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the applicant and APP for the State. 2. The applicant has been convicted for the offence punishable under Section 397 of the IPC and sentenced to suffer RI for 7 years. 3. The APP has filed affidavit and stated that there are six antecedents against the present applicant and the applicant is likely to commit the offence if he is released on bail. - 2 - 4. Though they are six antecedents against the accused, that by itself cannot be a ground for rejecting his application for bail. The applicant has undergone 2 years sentence. The appeal is not likely to come up for hearing immediately in the near future. Admittedly, the applicant had not used any weapon in the commission of the offence. 5. Under these peculiar facts, the applicant be released on bail in the sum of Rs.5000/- with one or two sureties in the like amount. The applicant shall report to Kandivali Police Station once in two months. 6. Application is disposed of. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)