-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY Criminal Appellate Jurisdiction Criminal Application No. 1381 of 2007 in Criminal Appeal no.452 of 2006 Shri Pramod Shyamkant Shinde ..Applicant vs. The State of Maharashtra ..Respondent Shri S.P.Kadam for applicant. Shri A.S.Shitole, A.P.P. for respondent. CORAM: S.C.DHARMADHIKARI J. CORAM: S.C.DHARMADHIKARI J. CORAM: S.C.DHARMADHIKARI J. 14th January, 2008 14th January, 2008 14th January, 2008 P.C. P.C. P.C. 1. Appeal no.452 of 2006 is admitted by this Court. The applicant before me is original accused no.2 in Sessions Case no. 169 of 2003 which arises out of C.R.no.I-94 of 2003 registered with Bhiosar Police Station alleging offence punishable under sec.307 read with 34 of I.P.C. 2. The applicant was tried along with accused no.1 who is his father. The 2nd Ad-hoc Additional Sessions Judge, Palghar has convicted the applicant and accused no.1 for offence punishable under sec.307 read with 34 of I.P.C. and sentenced them to undergo R.I for 7 years -2- and to pay a fine of Rs.10,000/- The applicant is acquitted for the offence punishable under the Arms Act. When the Appeal was admitted the applicant did not press for bail. However, accused no.1 was enlarged on bail by this Court. 3. Shri Kadam appearing for applicant/accused no.2 contends that the applicant was enlarged on bail during the course of trial and there has been no complaint of the applicant misusing the liberty. The applicant has undergone the custody from the date of judgment of the Sessions Judge and has been detained in custody from 3rd April, 2006 till date. In such circumstances, this applicant’s case deserves to be considered sympathetically for bail. Further on merits as well, the vital evidence of doctor attached to Tarapur General hospital would show that the said witness admitted that the injuries are not possible due to infliction of air pump article no.12. The learned A.P.P. also does not dispute that the applicant was enlarged on bail during trial. However, he submits that considering gravity of the offence alleged and proved this Court should impose appropriate conditions. -3- 4. In such circumstances, it is directed that the applicant shall be enlarged on bail on same terms but with additional condition that he shall not enter the limits of Bhoisar Police Station during the pendency of the appeal. He shall supply and furnish the address of his residence to Bhoisar police Station and shall report to the nearest police station once in a fortnight. 5. Criminal application is allowed in the above terms. (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.)