1` IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal APPA No. 257/2011 in Criminal Appeal No. 380/2009 Ramesh Bhishmaji Kosare vs. The State of Maharashtra, through Police Station, Mouda, District: Nagpur. ----------------------------------------------------------------------------------- Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders. Orders. Mr. RS Thakur, Adv. For applicant. Mr. D.B.Yangal, APP for respondent. CORAM : MRS. V.K.TAHILRAMANI & M.L.TAHALIYANI, JJ DATE : 27.04.2011 The applicant/ original accused no.2 has been convicted under sections 302 & 323 read with section 34 of the Indian penal code. The applicant is now seeking bail. 2. It is the prosecution case that the applicant along with others assaulted Dilip and caused his death. 3. On going through the evidence of the complainant P.W.1 Sheshrao, it is noticed that he has not attributed any role of actual assault on Dilip to the applicant. P.W.6 Gulab is also an eye witness to the incident. P.W.6 Gulab has only mentioned the presence of accused 1,3 and 4 on spot. Thus, Gulab has not even stated about the presence of the present applicant at 2` the spot. P.W.5 Satyafula is the wife of P.W. 6 Gulab. Though Satyafula has stated that the applicant was present she has not attributed any specific role to the present applicant in relation to assault on Dilip. 4. The learned APP drew our attention to the evidence of P.W.7 Prakash wherein Prakash has stated that the present applicant assaulted Dilip by spear. From the cross examination of P.W.7 Prakash, it is noticed that this averment is an improvement. Thus, looking to the evidence on record and the fact that the applicant was on bail during the trial and he has not misused the liberty granted to him, we are inclined to grant bail to the applicant, hence the following order: a) The applicant be released on bail on furnishing a personal bond in a sum of Rs. 20,000/- with surety in the like amount. b) The applicant shall attend the Police Station, Mouda, District: Nagpur once in a fortnight till disposal of the appeal. 5. Application is allowed in above terms. JUDGE JUDGE patle 3`