IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE Criminal Application (APPA) No. 1117 of 2008 Criminal Application (APPA) No. 1117 of 2008 Criminal Application (APPA) No. 1117 of 2008 in in in Criminal Appeal No. 1048 of 2008 Criminal Appeal No. 1048 of 2008 Criminal Appeal No. 1048 of 2008 Haribhau Krishnaji Kadam & Anr. ..Appellants. Versus. State of Maharashtra. ..Respondents. --- Mr. Sanjiv Kadam i/b Sagar Kasar for the applicants. Dr. F. R. Shaikh, APP for the State. CORAM: S. B. MHASE & CORAM: S. B. MHASE & CORAM: S. B. MHASE & A. A. SAYED,JJ. A. A. SAYED,JJ. A. A. SAYED,JJ. DATE: October 20, 2008. DATE: October 20, 2008. DATE: October 20, 2008. P.C. P.C. P.C. 1. Learned counsel for the applicants states that he is pressing this bail application only for the applicant no.1 - Haribhau Krishnaji Kadam, who is 77 years old. Learned counsel for the applicant states that he is not pressing this application of bail for Kailash. Therefore the application of Kailash hereby stands rejected. 2. So far as the applicant no.1 Haribhau is concerned he was on bail during the trial, his age is 77 years and he has undergone surgery of implantation of pace-maker in Grant Medical Foundation, Ruby Hall Clinic, Pune on 11th August 2007. All these facts persuade us to say that applicant no.1 is aged and infirm person. Therefore we are inclined to grant bail to him. Sentence of the applicant no.1 is suspended under section 389. Applicant is directed to be released during the pendency of the appeal on a bail of Rs.10,000/- with a like surety. (A.A.SAYED, J.) (A.A.SAYED, J.) (A.A.SAYED, J.) (S.B.MHASE, J.) (S.B.MHASE, J.) (S.B.MHASE, J.)