1 jdk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 483 OF 2010 IN APPEAL NO. 257 OF 2010 1) Laxman Namdeo Bhosale ] 2) Mohan Namdeo Bhosale ] 3) Popat Namdeo Bhosale ] All r/o Nelkaranje, Taluka ] Atpadi, Dist. Sangli ] (At present at Sangli Central Jail) ]..Applicants ( Ori. Accused 2 to 4) Vs. The State of Maharashtra At the instance of Atpadi Police St. Dist. Sangli ..Respondent .... Mr. N.V.Pradhan Advocate i/b Kedar Patil Adv. for Applicants Mr. S.S.Pednekar APP for State .... CORAM : SMT.RANJANA DESAI AND SMT.V.K.TAHILRAMANI, JJ. DATE : 7th APRIL, 2010 P.C.: 1 Heard Mr. Pradhan, the learned counsel for the applicants- original accused nos.2 to 4 and the learned APP for the State. 2 2 The applicants have been convicted under Section 302 r.w. Section 34 of IPC. The appeal filed by the applicants, has been admitted and now the applicants are seeking bail. 3 The learned counsel for the applicants has stated that at present he is not pressing the application as far as the applicant nos.1 and 2 are concerned and at this stage he seeks liberty to file a fresh application for bail in respect of these two applicants at a later stage. Liberty as prayed for is granted. Thus, this application is being considered only in respect of applicant no.3-original accused no.4 i.e. Popat Namdeo Bhosale. 4 All the accused, according to the eye witnesses were dealing fist and kick blows on the deceased. The Post-mortem Notes state the cause of death as “ death due to intracranial haemorrhage with fracture in skull ” . PW 7 Dr. Chandanshive has stated that injury of depressed fracture in the skull can be caused by hard and blunt object like stone. Thus fracture of the type received by the deceased cannot be the result of fist and kick blows given by the applicant. It is pertinent to note that according to eye witness PW 2 Rukmini, accused 2 and 4 picked up the deceased and threw him on the ground after kicks and fist blows were 3 dealt on him. No such role is attributed to the applicant. Besides, the applicant was on bail in the trial Court. In view of these facts, we are inclined to grant bail to the present applicant. Hence, the following order: ORDER i) The applicant no.3-Popat Namdeo Bhosale be released on bail in the sum of Rs.25,000/- (Rs. Twenty five thousand only) with one or two sureties to make up the said amount. ii) Application is disposed of. [SMT. RANJANA DESAI, J.] [ SMT. V.K.TAHILRAMANI, J.]