1 (BA 353 of 2011) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 353 OF 2011 IN CRIMINAL APPEAL NO.842 OF 2009 Nitin Tanaji Bhosale ...Applicant Vs. The State of Maharashtra ...Respondent ----- Mr. C.G. Gavankar i/b. Mr.Arfan Sait for Applicant Mr. P.S. Hingorani -APP for State ----- CORAM: V.M. KANADE & M.L. TAHALIYANI, JJ. DATE: 15th December, 2011 P.C. 1. Heard the learned counsel appearing on behalf of the Applicant and the learned APP for the State. 2. The Applicant has been convicted for the offence punishable under section 304(I) and is sentenced to suffer R.I. for 10 years. His appeal is pending in this Court since 2009. His first application for bail was not pressed and was allowed to be withdraw. Since the State preferred an appeal against acquittal under section 302, the Applicant's appeal has been tagged to the said State's appeal and, therefore by virtue of the order 2 (BA 353 of 2011) passed by the Learned Single Judge of this Court dated 12th September, 2011, both the appeal are placed before the Division Bench. 3. In the present case, it is submitted that the Applicant has already undergone more than 50% of the sentence and he has undergone four years and seven months of actual sentence and if the remissions are taken into consideration, he undergone more than 50% of the sentence. It is submitted that the appeal is not likely to be heard immediately in the near future and, therefore, the Applicant may be released on bail 4. Taking into consideration this change in the circumstance viz. that the Applicant has undergone more than 50% of the sentence and this Court due to pendency of cases, may not be in a position to hear the appeal immediately in the near future, The Applicant deserves to be released on bail. 5. The Applicant be released on bail on execution of P.R. Bond of Rs.5,000/- with one or two sureties in the like amount. He, however, shall report to the concerned police station once in a month. Application for bail is, accordingly, disposed of. (M.L. TAHALIYANI J.) (V.M. KANADE J.)