dgm gm gm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE APPELLATE APPELLATE SIDE CRIMINAL JURISDICTION SIDE CRIMINAL JURISDICTION SIDE CRIMINAL JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO.828 OF 2008 APPLICATION NO.828 OF 2008 APPLICATION NO.828 OF 2008 IN IN IN CRIMINAL CRIMINAL CRIMINAL APPEAL NO.253 OF 2008 APPEAL NO.253 OF 2008 APPEAL NO.253 OF 2008 Shri Deepak Kashiram Kalambe Applicant Vs. The State of Maharashtra Respondent. Mr.A.H.H.Ponda for the applicant. Mr.P.S.Hingorani, APP for State. CORAM CORAM CORAM : BILAL NAZKI & : BILAL NAZKI & : BILAL NAZKI & ANOOP ANOOP ANOOP V.MOHTA,JJ. V.MOHTA,JJ. V.MOHTA,JJ. DATED DATED DATED : 19th January, 2009. : 19th January, 2009. : 19th January, 2009. P.C. P.C. P.C. Heard the learned counsel for the applicant and the learned Public Prosecutor. 2. It is submitted at the bar that all the nine accused in the matter who were tried under Section 302 read with 34 and 120B of Indian Penal Code, were acquitted under Section 120B, but three of them were convicted under Section 302 read with 34 Indian Penal Code. It is submitted by the learned counsel for the applicant that though there is evidence that accused no.1 and 2 were carrying weapons, which were used for the commission of offence of murder, accused no.3 (applicant herein) did not carry any weapon. The only over acts attributed to accused no.3 by the witnesses ( 2 ) was that he used his kicks and fists during the occurrence. 3. Without commenting upon the merits of the case, as that may prejudice either of the parties when the Appeal is finally heard, we feel that since Accused No.3 (applicant herein), who according to the prosecution, only used kicks and fists during the commission of offence and who has been in custody for almost four years now, deserves to be granted bail. 4. Accordingly, this bail application of applicant (accused no.3) is allowed and it is directed that he be released on bail, subject to furnishing a personal bond in the sum of Rs.10,000/- (Rupees ten thousand only) with two sureties in equal amount. The applicant is further directed to remain present in the Court whenever the Appeal is listed for hearing. 5. Application stands disposed of accordingly. (ANOOP (ANOOP (ANOOP V. MOHTA, J.) V. MOHTA, J.) V. MOHTA, J.) (BILAL (BILAL (BILAL NAZKI, J.) NAZKI, J.) NAZKI, J.)