1 cri-appln.1298-10 mgn IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1298 OF 2010 IN CRIMINAL APPEAL NO. 99 OF 2010 Suresh Janardhan Mhatre & Anr. ..Applicants Vs. The State of Maharashtra ..Respondent Mr. R.B. Thakhre, for the Applicants. Mrs. A.S. Pai, APP for State. CORAM: B. H. MARLAPALLE & U.D.SALVI, JJ. DATED: 19th January, 2011 P.C. Heard Mr. Thakhre, the learned Counsel for the applicants, who have filed Criminal Appeal No.99 of 2010 against the order of conviction and sentence passed in Sessions Case No.200 of 2008. Both of them have been convicted and sentenced for the offence punishable under Section 302 read with Section 34 of I.P.C., and they are presently undergoing sentence. 2 cri-appln.1298-10 2. Criminal Appeal No.99 of 2010 has been admitted by us and hence this application for being released on bail by suspending the order of sentence. 3. In the incident that had taken place on 17th June, 2008, Mr. Mohan Shinde lost his life and the prosecution proved that he died a homicidal death. The prosecution examined in all 11 witnesses in support of its case and P.W.1 Arun Bakade was examined as an eye witness. 4. We have gone through the oral depositions of all the 11 witnesses and more particularly the depositions of P.W.1-Arun Bakade and P.W.9-Dr. Thomas. We have also considered the C.A. report, and the injuries noticed on the person of the deceased Mr.Mohan Shinde. 5. We are satisfied that there is no case made out in favour of accused No.1 to release him on bail, but accused No.2 deserves to be released on bail by suspending the order of sentence under Section 389 of Cr.P.C. 6. Hence we allow this Application partly and direct that accused No.2 Shri Sachin Laxman Kokate be released on bail in the sum of Rs.25,000/- 3 cri-appln.1298-10 with two sureties in the like amount. In addition, he shall report to the Pen Police Station during the pendency of the Appeal once in a fortnight between 3.00 p.m. to 6.00 p.m. Failure to report to the Police Station on two consecutive occasions, shall result in the cancellation of bail automatically. 7. The prayer for bail of accused No.1 is hereby rejected. (U.D.SALVI, J.) (B. H. MARLAPALLE, J.)