1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1019/2009 IN CRIMINAL APPEAL NO.842/2009 Sanjay R.Bhosle Applicant Vs. The State of Maharashtra Respondent Mr.S.Pasbola for the applicant Mr.Kharge, APP for State CORAM: MRS.MRIDULA BHATKAR,J. DATE : 25th SEPTEMBER,2009 P.C. . This bail application is preferred by the original accused no.1 . The learned Additional Sessions Court , Greater Bombay convicted the applicant/accused by judgment dated 17/7/2009 for the offence punishable under section 304 Part I of the Indian Penal Code to suffer R.I.for 10 years and fine of Rs.5,000/- i/d to suffer S.I.for six months. 2] Learned counsel appearing for the applicant has submitted that there was attack by the accused and the co- accused on the deceased and while appreciating the evidence the learned Sessions Judge has held that there was no unlawful assembly and therefore they are acquitted from the offence under section 147,148 ,452 ,302,326,and 149 of the Indian Penal Code. 3] The learned counsel has argued that the applicant/ accused as per the evidence tendered by the prosecution has given stick blow on the chest of the deceased and as per the 2 evidence of the medical officer injury nos.5 and 6 have caused the death of the deceased. He has submitted that these injuries were caused with grinding stone (Varvanta) . He has further submitted that the applicant/accused was arrested on 20/8/2007 and since then he is in jail and therefore prays for the bail. 4] The applicant/accused be released on bail of Rs.15,000/- with one surety in like amount. 5] The applicant/accused to attend the concerned police station on every first Monday between 3.00 p.m. To 5.00 p.m. . 6] Bail Application is disposed of accordingly. The learned A.P.P.opposes this bail application on the ground that the applicant is convicted to undergo rigorous imprisonment 10 years for the offence punishable u/s 304 Part I of the Indian Penal Code and he has not undergone even 50% of the sentence . The appeal is already admitted. 7] The applicant is convicted for the offence punishable under section 304 Part I of the Indian Penal Code and he has been acquitted from all other charges including the charge under sections 149,147, 148 . Thus, it was held by the learned Judge that he was not a member of unlawful assembly. So also Section 34 of the Indian Penal Code is not attracted and the applicant/ accused is held guilty only for the offence under section 304 Part I of the Indian Penal Code. If it is so then as 3 per the evidence of the Medical Officer two head injuries i.e. Injury nos.5 and 6 which were caused on the parietal temporal part have caused the death and the applicant/accused has not used the grinding stone but he assaulted the victim with stick not on the head but on the chest. 8] Considering nature of the evidence and the charge so also the period undergone in the prison the bail application is allowed as per following order. O R D E R The applicant/accused be released on bail of Rs.15,000/- with one surety in like amount. The applicant/accused to attend the concerned police station on every first Monday between 3.00 p.m. To 5.00 p.m. . Bail Application is disposed of accordingly. (MRS.MRIDULA BHATKAR,J.)