rpa 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. 181 OF 2008 CRIMINAL APPLICATION NO. 181 OF 2008 CRIMINAL APPLICATION NO. 181 OF 2008 IN IN IN CRIMINAL APPEAL NO. 165 OF 2008 CRIMINAL APPEAL NO. 165 OF 2008 CRIMINAL APPEAL NO. 165 OF 2008 IN IN IN SESSIONS CASE NO. 543 OF 2001 SESSIONS CASE NO. 543 OF 2001 SESSIONS CASE NO. 543 OF 2001 Riyasatali Ahesanali Usmani .. Appellant V/s. The State of Maharashtra & Ors. .. Respondents. Mr.R.U.Singh for Appellant. Mr.J.P.Yagnik - A.P.P. CORAM : A.P.DESHPANDE, J. CORAM : A.P.DESHPANDE, J. CORAM : A.P.DESHPANDE, J. DATE : 4TH MARCH, 2008. DATE : 4TH MARCH, 2008. DATE : 4TH MARCH, 2008. P.C.:- P.C.:- P.C.:- . The Applicant is the original Accused No.2. He has been convicted for a offence punishable under section 120(B) and he is sentenced to suffer Rigorous Imprisonment for three years and to pay fine of Rs.500.00 in default to suffer Simple Imprisonment for two months. The Applicant is also convicted for the offence punishable under section 365, 511 and 120(B) of Indian Penal Code and sentenced Rigorous Imprisonment for three years and to pay fine of Rs.1000.00. The further conviction is also for an offence punishable under section 328 read with section 34 and the Applicant is to suffer Rigorous Imprisonment for three years and to pay fine of Rs.500.00, in default to suffer Simple Imprisonment for two months. 2 2. Perused the Judgment. The accused No.1 had alone committed an offence of kidnapping and was apprehended on the spot, whereas the Accused No.2 who has made this application has been found guilty by virtue of section 120 (B) of Indian Penal Code. Perused the Judgment, the Applicant was on bail during the trial. He has not misused the liberty. The learned counsel for the Applicant Riyasatali Usmani submits that having regard to the role attributed to the present Applicant, no case is made out. Having regard to the totality of the facts and circumstances, I am of the view that the present Applicant Riyasatali needs to be released on bail. Hence, I direct that the Applicant be released on bail on the same terms and conditions on which he was released during the trial on executing fresh bond subject to the further condition that the Applicant shall attend Samtanagar Police Station once a month. (A.P.DESHPANDE,J.) (A.P.DESHPANDE,J.) (A.P.DESHPANDE,J.)