1 cri.appln. 699 of 2011 hvn IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE CRIMINAL APPLICATION NO. 699 OF 2011 IN CRIMINAL APPEAL NO. 773 OF 2007 Mohandas Balkrishna Jadhav ... Applicant Versus The State of Maharashtra ... Respondent Ms. Indu Varma advocate appointed for the applicant. Mr. D.P. Adsule, A.P.P. for State. CORAM : NARESH H.PATIL & K.U. CHANDIWAL,JJ. DATED : JULY 18, 2011 P.C. 1. Heard. 2. This is a second bail application by the applicant for releasing him on bail pending the hearing and disposal of the appeal. The learned counsel for the applicant, Indu Varma submitted that the deceased died due to epilepsy and not due to throttling. The counsel has referred to an article titled "Sudden Unexpected Death in Epilepsy - A Prospective Study" which according to counsel was published in American Journal. 2 cri.appln. 699 of 2011 The counsel submits that in the light of the evidence brought on record, the prosecution has failed to make out a case with certainty that the appellant had throttled the deceased. The appellant if released on bail, would take care of his small children. 3. The learned A.P.P. submits that the prosecution has led evidence which is based on strong circumstances which are adverse to the applicant's plea of innocence. 4. We have perused the order passed by this court while rejecting the bail application of applicant on 9.6.2008. We have considered the submissions of the learned counsel. We are not convinced to release the applicant on bail. The application is rejected. 5. The secretary, Legal Services Authority is directed to disburse legal fees to the counsel for the applicant. (K.U. CHANDIWAL,J.) (NARESH H. PATIL,J.)