(Ranjan Gogoi and Navin Sinha, JJ.)
Somnath Saiyaji Gaikwad ___________________________ Petitioner
v.
State of Maharashtra _______________________________ Respondent
(With Interim Relief and Office Report)
Petition(s) For Special Leave to Appeal (Crl.) No(s). 10062/2016, decided on April 6, 2017
The Order of the court was delivered by
Order
1. Leave granted.
2. The appeal is disposed of in terms of the signed order.
CRIMINAL APPEAL NO. 637 OF 2017
Somnath Saiyaji Gaikwad ___________________________ Appellant
v.
State of Maharashtra _______________________________ Respondent
ORDER
3. We have heard the learned counsel for the petitioner as well as the learned counsel for the State of Maharashtra.
4. Leave granted.
5. The accused appellant who has been convicted under Section 307/34 IPC and sentenced to undergo life imprisonment has undergone custody for a period of over seven years (including remissions). All co-accused have been released on bail. In fact, the co-accused mentioned by P.W.7 in his deposition, on the basis of which statement the High Court had thought it proper to refuse bail to the accused appellant, has also been granted bail. In the aforesaid circumstances and taking into account the period of custody suffered and the likely period of time that would be taken for disposal of the appeal pending before the High Court we are of the view that the accused appellant should be released on bail. We order accordingly. Therefore, the appellant is ordered to be released on bail to the satisfaction of the learned Additional Sessions Judge, Pune in Sessions Case No. 577 of 2010.
6. The learned Additional Sessions Judge, Pune is free to impose appropriate condition(s) as he deems fit.
7. Consequently, the order of the High Court is set aside and the present appeal is disposed of in the above terms.
———
