1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 491 OF 2010 IN CRIMINAL APPEAL NO.263OF 2008 Mr.Suraj Suresh Kale ...Applicant Vs. The State of Maharashtra ...Respondent ----- Mr.V.V. Purwant for Applicant Mrs.P.P. Bhosale -APP for State ----- CORAM: V.M. KANADE J. DATED: 29TH APRIL, 2010 P.C. 1. Heard the learned Counsel for the Applicant and the learned APP for the State. 2. The Applicant has been convicted for the offence punishable under sections 328, 342 and 379 r/w. 34 of the Indian Penal Code. He has also been convicted for the offence punishable under section 328 and sentenced to suffer R.I. for four years and to pay fine of Rs. 1,000/- and, in default, to suffer R.I. for seven days for the offence punishable under section 328 of the Indian Penal Code. He has also been convicted for the 2 offence punishable under section 342 of the Indian Penal Code and sentenced to suffer R.I. for 3 months and to pay fine of Rs.500/- and, in default, to suffer R.I. for 5 days. He has also been convicted for the offence punishable under section 379 of the Indian Penal Code and sentenced to suffer R.I. for one year and to pay fine of Rs.1,000/- and, in default, to suffer R.I. for 7 days. 3. The prosecution case is that the Applicant and one other person had given stupefying drug to the Complainant which was mixed with faluda ice cream and took away his car and mobile phone. 4. The learned Counsel for the Applicant submitted that there is no material on record to show that the stupefying drug was administered to the Complainant. It is submitted that so far the offence punishable under section 379 is concerned, maximum sentence is three years awarded by the Sessions Court and the Applicant has already undergone 1 year and five months of sentence. Therefore, the Applicant has good case on merits since he has already undergone 50% of the sentence. 3 5. Taking into consideration the submission made by the learned Counsel for the Applicant, in my view, the Applicant deserves to be released on bail. 6. The Applicant be released on bail in execution of P.R. Bond of Rs.5,000/- with one or two sureties in the like amount. 7. The application is disposed of. (V.M. KANADE J.)