1 cri.appln.141-11 mgn IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.141 of 2011 IN CRIMINAL APPEAL NO.98 OF 2011 Ravindra Vilas Bandal & Ors. ..Applicants Vs. State of Maharashtra & Anr. ..Respondents Mr. A.P. Mundargi, Senior Advocate with Mr. Vishal Kanade i/b. Ms. Ashvini A. Takalkar for the applicants. Mr. H.J. Dedhia, APP for the State. CORAM: B. H. MARLAPALLE & U.D.SALVI, JJ. DATED: 4th March, 2011 P.C. We have heard Mr. Mundargi, the learned Senior Counsel with Mr. Kanade for the applicants. Mr. Dedhia, the learned A.P.P., appears for the State. The applicants have been convicted in Sessions Case No.13 of 2010 for the offences punishable under Section 302 read with Section 120-B of I.P.C. and sentenced to suffer life imprisonment. The said order of conviction and sentence has been challenged in Criminal Appeal No.98 of 2010 which has been admitted on 9th February, 2011. 2 cri.appln.141-11 2. By this application the applicants pray for being released on bail during the pendency of the appeal. 3. The prosecution examined in all 14 witnesses in support of its case that all the accused had hatched a conspiracy and accused Nos.2 to 4 killed Ankush, son of Kashinath Dhaygude, P.W.3 on 30th July, 2009 at about 10.30 p.m. As per the prosecution case the deceased was staying in the neighbourhood adjacent to the room of P.W.1-Sudhakar Akaram Pawar, who was working as a quality control officer at Vasundhara Rasayan Ltd. In the same building Shri Nair, the Manager of Vasundhara Rasayan Ltd., was staying with his family on the first floor. While P.W.1-Sudhakar Pawar and the deceased were watching T.V. at about 10.10 p.m. on 30th June, 2009, somebody called the deceased out and in response to the same he went out. After about 10/15 minutes when P.W.1 proceeded to report for duty on his motor bike he saw the deceased lying with bleeding injuries and, therefore, he came back to the room and with other friends went to the spot again. He also saw a wooden log lying near the victim. 4. We have gone through the oral depositions of P.W.1-Sudhakar Akaram Pawar, P.W.2-Sheetal Ankush Dhaygude, the wife of the deceased, P.W.3-Kashinath Bhagwan Dhaygude, P.W.13-Dhanyakumar Changdeo Godse, Investigating Officer as well as P.W.14-Dr.Shivraj Namdeorao Gayakwad. We have also perused the C.A., reports and the recovery 3 cri.appln.141-11 panchnama. 5. We are satisfied that there is no case made out for the release of accused No.2-Sunil Jaywant Mohite on bail during the pendency of the appeal. However, having regard to the evidence placed before the trial Court by the prosecution, we are inclined to suspend the order of sentence under Section 389 of Cr.P.C., against accused No.1 and accused Nos.3 to 5 and release them on bail. 6. Hence this application is allowed partly.. The prayer for bail by accused No.2-Sunil Jaywant Mohite is hereby rejected. Accused No.1 and accused Nos. 3 to 5 are directed to be released on bail in the sum of Rs.25,000/- each with one solvent surety, in the like amount, unless required to be detained in some other case. While on bail accused No.1 and accused Nos. 3 to 5 shall report to the MIDC Police Station, Mahad, once in a week between 3.00 p.m. to 6.00 p.m. (U.D.SALVI, J.) (B. H. MARLAPALLE, J.)