:1: :1: :1: HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 107 OF 2008. IN CRIMINAL APPEAL NO. 130 OF 2007. Janu @ Billa Malappa Pawar. ..Applicant. Versus. State of Maharashtra. ..Respondent. --- Dr. Yug Mohit Choudhary for the applicant. Mr. A.R.Patil APP for the State. CORAM: S. B. MHASE & CORAM: S. B. MHASE & CORAM: S. B. MHASE & SMT. V.K.TAHILRAMANI,JJ. SMT. V.K.TAHILRAMANI,JJ. SMT. V.K.TAHILRAMANI,JJ. DATE: FEBRUARY 15, 2008. DATE: FEBRUARY 15, 2008. DATE: FEBRUARY 15, 2008. P.C. P.C. P.C. 1. Heard. This is bail application by accused no.3. He is life convict. In all there are three accused persons. Accused No.2 has been granted bail by this court by order dated 7th December 2007 in Criminal Application No.1213 of 2007. Role attributed to the present applicant appears to be that he assaulted by fist and kicks and pointed out a button knife and gave a threat to the by-standers to kill them. This appears from the testimony of Pw.-1. From the evidence of Pw.-2 it appears that he has only shown the button knife. Thus, even assuming for a moment that the applicant - accused no.3 was participating in the incident, yet when his individual role is considered it appears that he is not responsible, prima facie, for the death. Therefore considering the individual act of the :2: :2: :2: present applicant we find that he is eligible for the grant of bail. We also find that he was on bail during the trial. All these circumstances persuade us to grant the bail. Therefore, we pass the following order. O R D E R The order of sentence passed in Sessions Case No. 462 of 2006 from the file of the Sessions Judge, Greater Bombay, Sewri, Mumbai is hereby suspended during the pendency of this appeal. The applicant be released on bail of Rs.30,000/- with two solvent sureties. (SMT. V.K.TAHILRAMANI,J.) (SMT. V.K.TAHILRAMANI,J.) (SMT. V.K.TAHILRAMANI,J.) (S.B.MHASE, J.) (S.B.MHASE, J.) (S.B.MHASE, J.) /2008/VKT/..