..(1).. 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.406 OF 2008 IN CRIMINAL APPEAL NO.527 OF 2006 Sanjay Shrirang Nikam. ..Applicant. Versus The State of Maharashtra. ..Respondent. .... Mr.V.V.Purwant, Adv. for the Applicant. Mr.V.B.Konde-Deshmukh, APP, for the Respondent-State .... CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. DATED : 25th April, 2008. DATED : 25th April, 2008. DATED : 25th April, 2008. P.C.: 1. Heard the learned Counsel for the parties. The applicant-orig.accused 2 has been convicted under the MCOC Act and the maximum sentence imposed on the applicant is five years. The applicant is now seeking bail. 2. It is not in dispute that the accused No.1-Prakash Chavan has already been released on bail in connection with the self-same offence in terms of the Order passed by this Court dated October 26, 2007. The principal reason, which ..(2).. weighed with this Court for releasing the accused No.1 on bail is that the said accused had already undergone imprisonment for a period of three years out of the maximum punishment of five years awarded by the Lower Court. Thereafter the coaccused i.e. orig.accused No.3 Ramesh Chavan came to be released on bail by this Court by order dated 4th April, 2008. The same reason applies with full force to the applicant/accused No.2. Inasmuch as he was arrested on 29th September, 2002 and was released on bail during the trial on 26th March, 2003. However, the applicant has once again surrendered on 26th April, 2006 after the impugned Judgment. Since then, the applicant is continuously in custody, which fact is not in dispute. The applicant has completed more than half the period of imprisonment. It is also noticed that when the applicant was enlarged on bail during trial of the present case, no untoward incident has been reported against the applicant. In other words, the applicant abided by all the bail conditions during the trial. The fine amount has been deposited by the applicant. ..(3).. 3. Suffice it to observe that as the main accused No.1 has already been enlarged on bail in the present case, for the same reasons, the applicant also deserves to be enlarged on bail. 4. Taking over all view of the matter, the applicant is released on bail on the following conditions : (a) The applicant - Sanjay Shrirang Nikam is directed to be released on bail in connection with the offence in Spl(MCOC Act) Case No.1/2003, if not required in any other case, on executing bail bond in the sum of Rs.50,000/- (Rs.Fifty Thousand Only) with one or two sureties in the like amount. (b) The applicant Sanjay Shrirang Nikam shall report to Wathar Police Station, Satara twice in a month on 1st and 3rd Monday of every month between 10 a.m. to 1 p.m. till further orders to be ..(4).. passed by this Court and/or disposal of Appeal. (c) The applicant shall not travel outside the district Pune and Satara without written permission of this Court. (d) Before being released on bail Wathar Police Station to be informed the address where the applicant will reside during the period that he is on bail or change of residence, if any from time to time, to the Sr.Inspector of Police, Wathar Police Station where he would report. 5. Application is disposed of on the above terms. (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.)