Bombay High Court
APPA/1211/2006 of ANIL KUMAR SHRILAL PARIKH Vs THE STATE OF MAHARASHTRA on 22 December 2006
THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1211 OF 2006 IN CRIMINAL APPEAL NO.422 OF 2005 Anil Kumar Shrilal Parikh ...Applicant V/s. The State of Maharashtra ...Respondent Shri.Ranjit Pawar i/b S.D. Nangre for Applicant. Shri.U.V. Nikarm APP for
IN THE HIGH COURT OF JUDICATURE AT BOMBAYCRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.1211 OF 2006
IN CRIMINAL APPEAL NO.422 OF 2005
Anil Kumar Shrilal ParikhV/s.The State of Maharashtra
...Applicant
...Respondent
Shri.Ranjit Pawar i/b S.D. Nangre for Applicant.Shri.U.V. Nikarm APP for Respondent.
N
CORAM : V.M. KANADE, J.
DATED : 22nd DECEMBER, 2006.
P.C. :-
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1. Heard learned counsel for the applicant and learned APPfor the State.
2. The applicant was convicted for the offences punishableU/s.392 r/w 397 of IPC and sentenced to suffer R.I. for seven yearsand to pay a fine of Rs.1000/- in default to suffer further R.I. for threemonths. He was also convicted for the offence punishable U/s.452of IPC and sentenced to suffer R.I. for three years and to pay a fineof Rs.1000/- in default to suffer R.I. for three months.
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applicant is in jail since last two and half years and if period of remission is counted, it would be more than three years. Hesubmitted that since the applicant has already undergone more than50% of the sentence and since appeal is not likely to come up forhearing immediately in the near future, the applicant may bereleased on bail.
4. Learned APP for the State invited my attention to theorder passed by this court dated 04/05/2005 whereby firstapplication for bail was rejected.
Learned APP for the State invited my attention to the
5. I have perused the said order. By the said order, the applicant was given a liberty to apply for bail again if the appeal isnot heard within a reasonable period of time. Nearly one year and 8months have passed since the order is passed and yet appeal ispending in this court.
6. Considering this fact, in my view, the applicant is entitledto be released on bail. Even otherwise, his appeal would becomeinfructuous, if he is not released on bail. Under thesecircumstances, the applicant be released on bail in the sum of / 3 /
Rs.10,000/- with one or two sureties in like amount. The applicantshall report to Gamdevi Police Station once in a month.
.The application is accordingly disposed of in above terms.
V.M. KANADE, J.