1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.303 OF 2010 IN CRIMINAL APPEAL NO.50 OF 2009 Sonam Mayalla Roy Applicant versus The State of Maharashtra Respondent Mrs.Pranali P. Kakade for applicant. Mr.P.S.Hingorani, APP for State. CORAM : A.S.OKA, J. DATE : 15th April 2010 PC : 1. In view of order dated 9th March 2010 passed by Regular Court, the application has been placed before this Court. This is the third application for bail filed by the applicant-accused in the pending appeal. The conviction of the applicant is for the offence under section 343 of the Indian Penal Code and sections 3, 4 and 6 of Prevention of Immoral Traffic Act, 1956. The sentences have been ordered to run concurrently. The maximum substantive sentence is five years. The fine amount has been deposited. 2. While rejecting the first bail application filed by the applicant, in order dated 16th March 2009, this Court observed that if the appeal was not heard within a period of six months from that date, it will be open for the applicant to file a fresh application for bail. the second application for 2 bail was rejected on 2nd December 2009 on the ground that private paper book was not filed by the applicant. 3. It is not in dispute that as of today the appeal is not heard. Considering the set off period and ordinary remission to which the applicant may be entitled to, the total sentence undergone by the applicant is three years, five months and seventeen days which is reflected from the report of Superintendent of Yerwada Central Prison. The appeal is not even fixed on final hearing board. Considering the pendency of very old appeals in this court, the appeal is not likely to reach in the near future. Substantial part of the sentence has been undergone by the applicant. This brings about substantial change in circumstances requiring this Court to take a different view. 4. Hence, the criminal application is disposed of by passing following order :- A) The applicant shall be enlarged on bail in the sum of Rs.10,000/- (Rs.Ten thousand only) with one or two local sureties in the like amount; B) Bail is granted subject to condition that the applicant will report Faraskhana Police Station, at Pune on first Monday of every calender month till disposal of the appeal. (A.S.OKA, J.)