1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.216 OF 2008 WITH CRIMINAL APPLICAITON NO.301 OF 2008 Ramkumar Shashivaranam. ..Appellant. V/s. The State of Maharashtra. ..Respondent. Mr.Abhay Bhoir for Appellant. Ms.P.P.Shinde, APP for Respondent. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : APRIL 10, 2008. DATE : APRIL 10, 2008. DATE : APRIL 10, 2008. P.C. : P.C. : P.C. : 1. Heard. 2. Arguable questions are raised. Appeal is admitted. 3. Insofar as the Bail Application is concerned, having regard to the fact that the Appellant/Applicant was on bail althroughout during the trial and no untoward incident has been reported during the said period; coupled with the fact that I find force in the argument of the Appellant/Applicant that even if the prosecution case is accepted as it is, there is no material on record to even remotely 2 suggest, much less, establish beyond reasonable doubt that the Applicant had knowledge that he was likely to cause death on account of hitting plastic chair which was lying on the terrace on the head of Ajaykumar or that the Applicant had intention to cause death of Ajaykumar, as such. If it is so, it cannot be the case under section 304(ii), but obviously a lesser offence. It is not necessary for me to dilate on this aspect at this stage. 4. Suffice it to observe that the Applicant has made out a formidable case to succeed in his case; coupled with the fact that it is unlikely that the Appeal be heard in the near future. Accordingly, the Application for bail is allowed on the following term: The Appellant/Applicant Ramkumar Shashivaranam is ordered to be released on bail on the same terms and conditions, on which he was released on bail during the trial, subject to furnishing fresh bond. 4. Application disposed off on the above terms. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)