1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO. 203 OF 2011 (Sharad Prabhakar Waghmare vs. State of Maharashtra) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri R.M. Daga, Advocate for the applicant. Mrs. Nandita Tripathi, APP for the respondent. ….. CORAM : MRS. V.K. TAHILRAMANI & M.L. TAHALIYANI, JJ. APRIL 08, 2011. Heard Shri Daga, learned counsel for the applicant and Mrs. Tripathi, learned APP for the respondent. Sufficient cause has been made out for condonation of delay caused in filing the application for leave to file appeal against conviction. Hence, delay is condoned. CRIMINAL APPEAL NO. OF 2011 Admit. CRIMINAL APPLICATION NO. OF 2011 Heard both sides. The applicant has been convicted under Section 302 for death of Prabhakar. The applicant is now seeking bail. The only material on which the prosecution places reliance to connect the applicant with 2 the crime is extra judicial confession to P.W. 3 – who is a Police Patil. Besides this, there is no other material to connect the applicant with the crime. In addition to the above, the learned counsel for the applicant pointed out that even the evidence of P.W. 3 suffers from infirmity due to which his evidence is not reliable. The learned counsel for the applicant further submitted that even assuming that it was the applicant who committed crime, the case would not fall under Section 302 of I.P.C. and it would at the most fall under Section 304, Part II of I.P.C. as it is the case of assault on the ground of grave and sudden provocation. Looking to the evidence on record, we find much merit in the submissions of the learned counsel for the applicant, we are, therefore, inclined to grant bail. The applicant be released on bail on furnishing P.R. Bond in the sum of Rs.20,000/- with one surety of like amount. The applicant to report to Police Station Umred once in a fortnight till the final disposal of his appeal. Application is disposed of accordingly. JUDGE JUDGE *GS.