1 pdp IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO. 969 OF 2009 IN CRIMINAL APPEAL NO. 318 OF 2008 Rajesh Harinarayan Mishra .. Applicant (Org.Accd.No.1) Vs. The State of Maharashtra (at the instance of Bhoiwada Police Station, Mumbai.) .. Respondent Mr. A.P. Mundargi with Mr. K.S. Patil and Mr. Sunil P. Gaikwad for applicant. Smt. V.R. Bhosale, APP for State. CORAM: B.H.MARLAPALLE & SMT. ROSHAN DALVI, JJ. September 14, 2009. P.C. This is an application for bail filed by accused no.1 in Sessions Case No. 431 of 2007 and he is the appellant in Criminal Appeal No. 318 of 2008. In all three accused were put on trial in the said case and all of them have been convicted and sentenced for the offence punishable under Section 302 read with Section 34 of IPC and Criminal Appeal Nos. 318, 319 and 320 of 2008 filed individually by all the three accused have been admitted. As per the prosecution case, deceased Santosh, who was known to the accused, was stabbed and assaulted around 9.30 p.m. on 13/3/2007 and was 2 immediately rushed to the KEM Hospital by PW 5 – Ramkrishna Bhandari and one Nilesh Teli and others. While the deceased was under treatment, PW 2 – Ajay Bhandari also arrived there and some time later Santosh died. All the three accused came to be arrested on 14/3/2007. The prosecution examined in all nine witnesses and claimed PW 5 – Ramkrishna Bhandari as the eye witness. It also relied upon the oral dying declaration allegedly made by the deceased to PW 2 – Ajay Bhandari. We have gone through the depositions of PW 2 – Ajay Bhandari, PW 5 – Ramkrishna Bhandari, PW 6 – Dr. Dhiren Balsara and PW 7 – Dr. P.M. Rupganesh. We have noted that so far as the involvement of accused no.1, as alleged by the prosecution, cannot be compared with the involvement of accused nos.2 and 3 in the incident and having regard to the oral depositions of PW 2 and PW 5, we are satisfied that the applicant – accused no.1 deserves to be released on bail, pending his appeal. Hence, the application is allowed and it is directed that the applicant – Rajesh Harinarayan Mishra be released on bail in the sum of Rs.25,000/- with one or two sureties of like amount, unless he is required in some other case. He shall report to the Bhoiwada Police Station, Mumbai on every alternate day between 8 to 10 a.m. or between 6 to 8 p.m. and he shall not leave Mumbai City unless permitted by the Sr.P.I. of the said Police Station. (SMT. ROSHAN DALVI,J.) (B.H.MARLAPALLE,J.)