1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1344 OF 2009 IN CRIMINAL APPEAL NO.1048 OF 2008 Kailas Haribhau Kadam .. Applicant V/s The State of Maharashtra .. Respondent Mr.Sagar Kasar for the Applicant. Mr.D.P.Adsule, APP for the State. CORAM : P.B.MAJMUDAR & R.G.KETKAR, JJ. DATE : 1ST FEBRUARY, 2010 P.C. : 1. The learned counsel for the applicant submitted that it is the case of the applicant that the applicant gave only one blow during the sudden fight to the deceased, and the deceased succumbed to the injury after eight days. Learned counsel for the applicant submitted that the instant case, in any case may fall under part II of Section 304 and not under section 302 as there was no intention to commit the murder. It is submitted that the Accused No.1 is already released on bail. 2. The learned counsel for the applicant submitted that he is not pressing this bail application, but requested that the appeal itself be fixed for final hearing at the earliest. He submitted that applicant is in jail for the last four years and even during the trial the applicant was in jail. According to him the appeal of the applicant is required to be heard at the earliest, 2 as in case the conviction is altered from Section 302 IPC to 304­II IPC, then, naturally there will be reduction in the sentence awarded to the applicant. 3. Considering the facts and circumstances of the case, and as it is pointed out that the R & P is already received and the matter is ready for hearing, appeal is fixed for final hearing on 18th February, 2010. 4. Subject to the above, application for bail is disposed of. (R.G.KETKAR, J.) (P.B.MAJMUDAR, J.)