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. 790 OF 2008 CRIMINAL APPLICATION NO. 790 OF 2008 CRIMINAL APPLICATION NO. 790 OF 2008 IN IN IN CRIMINAL APPEAL NO. 23 OF 2008 CRIMINAL APPEAL NO. 23 OF 2008 CRIMINAL APPEAL NO. 23 OF 2008 Riyaj Sirajuddin Khan ...Applicant (Orig.Accused No.5) vs. State of Maharashtra ...Respondent (Orig.Complainant) Mr.A.K. Prajapati for the Applicant. Mr.D.P. Adsule, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : OCTOBER 1, 2008 DATED : OCTOBER 1, 2008 DATED : OCTOBER 1, 2008 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the applicant. 2. The applicant has been convicted by the trial court for an offence punishable under Section 364, 307 of the IPC and sentenced to suffer RI for five years. The applicant is in jail since two years and five months. It is submitted that all other accused have been acquitted . 3. Prosecution case is that the applicant tried to kidnap the complainant and tried to strangulate her with - 2 - a rope. The prosecution has not been in a position to establish the motive of the said alleged offence committed by the applicant. The applicant had earlier preferred application for bail, however, the said application was allowed to be withdrawn by order dated 6th February, 2008 and liberty was granted to the applicant to apply for bail after three months. The appeal is not likely to be heard in the near future. 4. The applicant, under these circumstances, be released on bail in the sum of Rs.5000/- with one or two sureties in the like amount. One surety shall be a local surety. The applicant, however, shall report to Byculla Police Station twice in a month during the pendency of the appeal. 5. The application is, accordingly, disposed of in the aforesaid terms. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)