- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO.120 OF 2009 APPLICATION NO.120 OF 2009 APPLICATION NO.120 OF 2009 IN IN IN CRIMINAL CRIMINAL CRIMINAL APPEAL NO.1032 APPEAL NO.1032 APPEAL NO.1032 OF 2008 OF 2008 OF 2008 Sudam @ Sudeshna Suresh Pawar ...Applicant vs. The State of Maharashtra ...Respondent Mr.Rebecca Gonsalvez for the applicant/appellant Mr.Y.S.Shinde A.P.P. for State CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : FEBRUARY 20,2009 : FEBRUARY 20,2009 : FEBRUARY 20,2009 P.C.: P.C.: P.C.: 1. Heard the Advocate for the applicant and the learned A.P.P for State. The applicant has been convicted for offence under section 395 and 397 of the Indian Penal Code. The applicant has been sentenced to suffer R.I. for 7 years and to pay fine of Rs.1,000/-. The learned counsel for the applicant has placed reliance on the decision of the Apex Court in case of Bhagwan Rama Shinde Gosai and others Vs. State of Gujrat (A.I.R. 1999 S.C. 1859) as well as the order of the Apex Court in the case of Kiran Kumar vs.State of Madhya Pradesh [(2001 (9) S.C.C. 211]. The learned counsel for the applicant submitted that even on merits also the applicant is entitled to be enlarged on bail. The learned A.P.P submitted that during the pendency of the trial, the applicant was not enlarged on bail and therefore the applicant is not entitled to bail. The learned counsel for the applicant pointed out that out of the substantive sentence of the 7 years of imprisonment, the applicant has already undergone sentence of - 2 - 3 years and 11 months. The learned A.P.P on instructions stated that there are no antecedents of the applicant save and except the order impugned. 2. It will be necessary to refer to the decision of the Apex Court in case of Bhagwan Rama Shinde Gosai (supra). In paragaraph 3 of the decision the Apex Court has held as under: "3. When When When a convicted person is sentenced to fixed period of a convicted person is sentenced to fixed period of a convicted person is sentenced to fixed period of sentence sentence sentence and when he files appeal under any statutory and when he files appeal under any statutory and when he files appeal under any statutory right, right, right, suspension of sentence can be considered by the suspension of sentence can be considered by the suspension of sentence can be considered by the appellate appellate appellate court liberally unless there are exceptional court liberally unless there are exceptional court liberally unless there are exceptional circumstances. circumstances. circumstances. Of course, if there is any statutory restriction against suspension of sentence it is a different matter. Similarly, when the sentence is life imprisonment the consideration for suspension of sentence could be of a different approach. But if for any reason But if for any reason But if for any reason the the the sentence of limited duration cannot be suspended sentence of limited duration cannot be suspended sentence of limited duration cannot be suspended every every every endeavour should be made to dispose of the appeal endeavour should be made to dispose of the appeal endeavour should be made to dispose of the appeal on on on merits more so when motion for expeditious hearing the merits more so when motion for expeditious hearing the merits more so when motion for expeditious hearing the appeal appeal appeal is made in such cases. Otherwise, the very is made in such cases. Otherwise, the very is made in such cases. Otherwise, the very valuable valuable valuable right of appeal would be an exercise in futility right of appeal would be an exercise in futility right of appeal would be an exercise in futility by by by efflux of time. When the appellate court finds that efflux of time. When the appellate court finds that efflux of time. When the appellate court finds that due due due to practical reasons such appeals cannot be disposed to practical reasons such appeals cannot be disposed to practical reasons such appeals cannot be disposed of of of expeditiously the appellate court must bestow special expeditiously the appellate court must bestow special expeditiously the appellate court must bestow special concern concern concern in the matter suspending the sentence, so as to in the matter suspending the sentence, so as to in the matter suspending the sentence, so as to make make make the appeal right meaningful and effective. the appeal right meaningful and effective. the appeal right meaningful and effective. Of - 3 - course appellate courts can impose similar conditions when bail is granted." 3. It appears that there are many pending Appeals against orders of conviction from the year 1996-97 onwards where the accused are in jail. There are no exceptional circumstance pointed out in this case for denying bail to the applicant. As stated earlier the learned A.P.P has stated that there are no antecedents. Therefore, this appeal may not reach final hearing before completion of remaining sentence. The applicant has already undergone sentence of three years and eleven months. 4. Therefore, considering the peculiar facts, a case is made out for enlarging the applicant on bail subject to stringent conditions : 5. Hence this application is disposed of by passing the following order : i) The applicant shall be enlarged on bail in the sum of Rs.10,000/- (ten thousand only) with one or two sureties in the like amount. ii) The bail is granted subject to condition that the applicant will report to the concerned officer of Akluj Police Station, Taluka Malshiras, District Solapur on every first Saturday of every calendar month till the - 4 - disposal of the Appeal. JUDGE JUDGE JUDGE