(-1-) IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4059 OF 2005 CRIMINAL APPLICATION NO. 4059 OF 2005 CRIMINAL APPLICATION NO. 4059 OF 2005 IN IN IN CRIMINAL APPEAL NO.606 OF 2005 CRIMINAL APPEAL NO.606 OF 2005 CRIMINAL APPEAL NO.606 OF 2005 Sunil Jagannath Deore ...Applicant Versus The State of Maharashtra ...Respondent ..... Mr. S.S.Kulkarni, Advocate for Applicant Mr. M.S.Mhambray, A.P.P. for State. ..... CORAM: CORAM: CORAM: SMT. V.K. TAHILRAMANI, J. SMT. V.K. TAHILRAMANI, J. SMT. V.K. TAHILRAMANI, J. DATED: 21ST JULY, 2005 DATED: 21ST JULY, 2005 DATED: 21ST JULY, 2005 P. C.:- P. C.:- P. C.:- 1. Heard both sides. 2. The applicant has been convicted under Section 304 Part-II and sentenced to R.I. for five years. 3. It is stated by the learned advocate for the applicant that in the present case two eye witnesses have been examined i.e. P.W.4 Santosh and P.W.5 Hiraman, however, both these witnesses have turned hostile. The learned advocate for the applicant has further submitted that the applicant was on bail pending the trial and this liberty has not been misused by him. This statement has not been (-2-) controverted by the prosecution. Looking to all these facts and circumstances, I am inclined to grant bail to the applicant. 4. The applicant Sunil Jagannath Deore to be released on bail in the sum of Rs.25,000/- with one or two sureties to make the said amount. The applicant shall report on first Saturday of every month to Ambad police station, Nasik during the pendency of this appeal. 5. Application is disposed of. *****