IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 249 OF 2008 Satish Moreshwar Patil.... ...... ......Applicant. V/s State of Maharashtra .. ...... ......Respondent. Mr.R.R.Salvi i/by P.R.Salvi, Adv. For the Applicant. Mr.P.P.Shinde, APP For the respondent. CORAM: A.P.DESHPANDE, J. 24/3/08 PC: The present application is moved by original accused No.3- Satish Moreshwar Patil who has been convicted along with other accused for the offence punishable under sections 147, 148, 307 and 506 read with section 149 of IPC and sentenced to suffer RI for a period of one year for the offence punishable under section 147. For the offence punishable under section 307 read with section 149 the applicant has been sentenced to undergo RI for five years and to pay fine of Rs.2000/-, in default to suffer further RI for a period of six months. All the sentences are directed to run concurrently. Thus the maximum sentence is of five years. 2. Learned counsel for the applicant has invited my attention to the evidence of two eye witnesses viz. P.W.2-Vaishali Mali and P.W.3-Padmakar Mhatre. P.W.2-Vaishali has deposed that three persons who assaulted the victim were Chandravardhan 1 Mhatre, Anand Mhatre and Mangesh Kothekar. She has identified the said persons. The said witness does not name the present applicant. Similar is the position in regard to evidence of P.W.3- Padmakar. He has also not named the present applicant. The injured by name Sameer Mhatre's statement was initially recorded on 27.11.04 and the supplementary statement came to be recorded on 1.12.04. In the first statement of the injured the name of the present applicant is missing. It was only in the supplementary statement that the injured has named the present applicant. However even the second statement does not indicate the weapon possessed by the applicant. I have gone through the deposition of the relevant witnesses. The present applicant was released on bail during the trial and he has not misused the same. The applicant has made out prima facie case for grant of bail. Hence I direct that the applicant-Satish Moreshwar Patil-original accused No.3 be released on bail on the same terms and conditions on which he was released during the trial on executing fresh bail bonds. In addition the applicant shall attend the Poynad police station on every first and fourth Sunday of every month. Application stands disposed of. 24.3.08 2