IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 456 OF 2010 IN CRIMINAL APPEAL NO. 1004 OF 2009 NAGESH GULABRAO SONAVALE .. .. APPLICANT Vs. THE STATE OF MAHARASHTRA .. .. RESPONDENT Mr. D. R. Singh for the applicant Mr. Rajesh More, APP. CORAM : SMT.RANJANA DESAI, & SMT. V.K. TAHILRAMANI, JJ. DATE : 22nd April, 2010. P.C. The applicant is original accused 1. He was tried in Sessions Case No. 1/06 for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code. He was convicted for offence punishable under Section 302 read with Section 34 of the IPC and sentenced to suffer RI for life. Appeal preferred by the applicant has been admitted. His earlier bail application was rejected, by Division Bench of this court to which one of us (Smt. Ranjana Desai, J.) was a party on 27/1/2010, by a reasoned order. This is second bail application of the applicant. 2. We have heard learned counsel for the applicant. He submitted that the applicant is 21 years of age. To the application a certificate issued by Sahakar Maharshi Shankarrao Mohite-Patil University Rahimatpur dated 24/9/09 is annexed. Counsel pointed out that the University has certified that from 19/6/07 the applicant was a student of the said University and his behaviour as a student was good. Counsel pointed out that during 2007-08 the applicant was studying in B.A. Part-II. Counsel submitted that the applicant would like to complete his education. Since the applicant is young and this is his first offence and since the applicant was on bail during trial this court may consider releasing him on bail. Counsel pointed out that the applicant is in jail for the last about 6 months. 3. Ordinarily when bail is rejected by a reasoned order, the second bail application is not even entertained. However, in this case certificate attached to the application indicates that the applicant was indeed a student of Sahakar Maharshi Shankarrao Mohite-Patil University and his conduct as a student was good. Learned APP informed us that the applicant does not have any antecedents. Learned APP has tendered a certificate issued by the same university dated 21/4/2010 which confirms that the applicant was studying in the said university during 2007-08. He was doing B.A. Part-II. The university has confirmed that the certificate annexed to the application is a genuine certificate and has been issued by the university. The said certificate dated 21/4/2010 is taken on record and marked “X”. 4. Considering the fact that the applicant as of today is 21 years of age; that this is his first offence; that he was on bail during trial and considering the fact that the applicant is desirous of completing his education, we are of the opinion that the applicant should be released on bail after imposing some conditions on him. The certificate submitted by the applicant and his desire to appear for exams in the peculiar circumstances of the case constitute change in circumstances. We, therefore , release the applicant on bail on the following terms; Applicant Nagesh Gulabrao Sonavale is ordered to be released on bail in the sum of Rs.25,000/- with one or two sureties to make up the amount. While on bail the applicant shall attend Rahimatpur Police Station once in a month i.e. in the first week of every month. Application is disposed of. (Smt.Ranjana Desai,J.) (Smt. V. K. Tahilramani,J.)