1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Criminal Application No.963 of 2009 IN Criminal Appeal No.362 of 2008 Pramod @ Anil Dashrath Gawli .. .. Applicant v/s. The State of Mah. .. .. Respondent Mr.Kiran Makasare for Applicant. Mrs.M.M. Deshmukh, APP for State. ---- CORAM : B.H. MARLAPALLE & SMT.ROSHAN DALVI, JJ. Dated : 11th September, 2009 P.C. : 1.We have heard Mr.Makasare, the learned Counsel for the Applicant, who is the Appellant-accused in Criminal Appeal No.362 of 2008. The Applicant (original accused No.2) has been convicted and sentenced along with accused No.1 for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code in connection with murder of the husband of accused No.1. 2.From the order of conviction and sentence, we have noted that the learned Additional Sessions Judge for Greater Mumbai, has relied upon the depositions of P.W. 4-Seeta Maruti Jadhav to record a finding that accused No.2 was present at the scene of offence at the first instance along with accused No.1. We have perused the 2 copy of oral depositions of P.W.4 as placed before us in compilation by Mr.Makasare. We have also gone through the reasoning set out in the order of conviction and sentence so as to hold the complicity of accused No.2 in the offence. We have also noted that the Applicant was on bail during the trial. 3.We are satisfied that the Applicant-accused No.2 deserves to be released on bail during the pendency of Criminal Appeal No.362 of 2008, by suspending the order of sentence passed by the learned Additional Sessions Judge under Section 389 of the Criminal Procedure Code. Hence, the Application is allowed and it is hereby directed that the Applicant-accused No.2 be released on bail in the sum of Rs.25,000/- and on furnishing one or two sureties in the like amount during the pendency of Criminal Appeal No.362 of 2008. The Applicant shall report to the Nehru Nagar Police Station, Kurla, on every day between 5 p.m. and 7 p.m. during the pendency of Criminal Appeal No.362 of 2008 and his failure to report on two continuous occasions will result automatically in cancellation of his bail. The brother of the Applicant Shri Milind Dashrath Gawli is present before us and he is employed as a Police Constable, Buckle No.23067, and presently attached to the R.C.F. Police Station at Mumbai. He undertakes to 3 be one of the sureties. [SMT.ROSHAN DALVI, J.] [B.H. MARLAPALLE, J.]