( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4481 OF 2009 IN CRIMINAL APPEAL NO. 665 OF 2009 Sudam s/o. Shantaram Koli .. Applicant Age. 42 years, Occ. Labour, R/o. Nyahalod, Tq. & Dist. Dhule, At present in Jail. Versus The State of Maharashtra .. Respondent Mrs. M.D. Thube-Mhase, Advocate (appointed) for the applicant. Shri K.M. Suryawanshi, A.P.P. for respondent/State. CORAM : P.R. BORKAR,J. DATED : 13.01.2010 P.C. :- 1. This is an application for bail filed by accused person who is convicted of offence punishable under section 304, part II read with section 34 of the I.P.C. and sentenced to suffer rigorous imprisonment for five years and to pay fine of Rs. 10,000/-, in default, to suffer rigorous imprisonment for six months, by the learned Sessions Judge, Dhule, in Sessions Case No. 90 of 2008, decided on 09.02.20009. Another accused from same case is released on bail in Criminal Application No. 569 of 2009, whereby he is ( 2 ) directed to furnish bail of Rs. 25,000/- with one solvent surety to the satisfaction of the Court of Sessions and on condition that he shall report his presence to the concerned Police Station on last day of each calender month and shall personally attend this Court as and when the appeal will be listed for final hearing. 2. Heard Adv. Mrs. M.D. Thube-Mhase for the applicant and A.P.P. Shri K.M. Suryawanshi for respondent/State. 3. Briefly stated , it is case of the prosecution that present applicant and applicant Bhika Mali had beaten deceased Suresh on 21.06.2008 at about 9.00 a.m. It was suspected that deceased Suresh had removed amount of Rs. 3600/- from shirt of accused Bhika Mali. When enquired, deceased denied. Thereafter, the deceased was thrashed by present applicant and accused Bhika Mali and gave kicks and fists blow. As result of the blows, Suresh died instantaneously. 4. The learned advocate for the applicant has taken me through the judgment of the Trial Court. There is evidence ( 3 ) of P.W.5-Gorakh, who was uncle of the deceased. He said that he has seen Suresh being beaten by both the accused. No other witness has supported the prosecution case. Statement of P.W.5-Gorakh was recorded on 22.06.2008 i.e. it was recorded after one day of the incident. 5. Considering that co-accused is released on bail, this application deserves to be allowed. Hence, the application is allowed. Applicant – Sudam Shantaram Koli is directed to be released on bail of Rs. 25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety to the satisfaction of the Court of Sessions and on condition that he shall report his presence to the concerned Police Station on last day of each calender month and shall personally attend this Court as and when the appeal will be listed for final hearing. 6. The criminal application is accordingly allowed and disposed of. [P.R. BORKAR,J.] snk/2010/JAN10/cra4481.09