IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.148 OF 2009 IN CRIMINAL APPEAL NO.860 OF 2008 Annasaheb Nagnath Pawar .. Applicant Versus The State of Maharashtra .. Respondent Mr.Jaydeep D. Mane for the applicant. Mr.Y.S.Shinde, A.P.P for the respondent. CORAM CORAM CORAM : A.S.OKA, J. : A.S.OKA, J. : A.S.OKA, J. DATE DATE DATE : 13th March 2009. : 13th March 2009. : 13th March 2009. P.C.: . My attention is invited to the order dated 25th September 2008 passed in Criminal Application No.935 of 2008. By the said order liberty was granted to the applicant (accused No.3) to apply for bail after record and proceeding/paperbook is received. The office remark shows that record and proceeding is received with paperbook. It must be noted here that in this application the applicant has not disclosed that he had filed an earlier application. The said fact ought to have been disclosed in the application. 2. The applicant is accused No.3 who is the brother-in-law of the deceased. The applicant has been (2) convicted for offence under section 306 read with section 34 and section 498A read with section 34 of the Indian Penal Code. The maximum sentence is rigorous imprisonment for five years. The applicant was on bail throughout the trial. 3. The accused No.1 is the husband of the deceased. The case of the present applicant (brother-in-law of the deceased) will have to be certainly distinguished from the case of the 1st accused (husband of the deceased). The sentence is of a limited duration. The applicant was on bail throughout the trial. There are no extra-ordinary circumstances on record to deny the benefit of bail to the applicant. The applicant has been in custody for about eight months. 4. Hence, application is disposed of by passing following order: (i) The applicant (accused no.3) shall be enlarged on the same bail on which he was enlarged during the pendency of the appeal. (ii) Bail is granted subject to condition (3) that the applicant will report to Madha police station, District Solapur once in every calendar month till the disposal of the appeal. (A.S.Oka,J)