1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1914 OF 2009 Suresh Waman Kedar .. Applicant Vs The State of Maharshtra .. Respondent Mr. B.R. Patil a/w P.L. Sapkale for the Applicant Mr. K.V. Saste, APP for the State CORAM : SMT. V.K. TAHILRAMANI, JJ. DATE : 24th June, 2009 ( In Chamber at 2.40 pm) P.C.: 1. Heard the learned advocate for the applicant and the learned APP for the State. 2. The applicant is seeking bail in C.R. No. I-159 of 2007 of Dombivali Police Station. The said case is mainly under Section 302 of IPC. 3. The prosecution case is that the applicant along with another accused assaulted Sandeep with fist blows and kick blows as they RMA cra1914-09.sxw 2 found him trying to open the lock of the school. Learned advocate for the applicant submitted that the applicant or co-accused has not used any weapon to assault Sandeep but the assault was only by the fist blows and kick blows. He has submitted that in view of the fact that the assault was only by fist blows and kick blows, the case would not fall under Section 302 of IPC but would fall under Section 304 Part II. Looking to the facts of this case and the fact that the assault was only by fist blow and kick blow and the fact that the applicant has been in custody since 10th July, 2007 i.e almost two years, I am inclined to grant bail. 4. The applicant - Suresh Waman Kedar be released on bail in the sum of Rs. 30,000/- (Rs. Thirty Thousand Only) with one or two sureties to makeup the said amount. The applicant shall report to Dombivali Police Station once in a week till the conclusion of the trial. 5. Application is disposed of accordingly. [ SMT. V.K. TAHILRAMANI, J] RMA cra1914-09.sxw 3 RMA cra1914-09.sxw