2 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2 OF 2010 IN CRIMINAL APPEAL NO. 1 OF 2010 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : P.R. BORKAR.J. DATED : 10.02.2010 1. Heard Adv.Shri S.J. Salunke for the applicants and A.P.P. Shri B.V. Wagh for respondent/State. 2. This is an application for bail by the applicants who are convicted of offence punishable under sections 304-B read with section 34 of the I.P.C. and sentenced to suffer rigorous imprisonment for seven years. The applicants are also convicted of offence punishable under section 498-A read with section 34 of the I.P.C. and sentenced to suffer rigorous imprisonment for two years and to pay fine of Rs. 500/-. 3. The advocate for the 2 applicant has taken me through the evidence so also the judgment. He states that except the word of the complainant, who is father of deceased, there is no other evidence to show that it was a homicidal death. The doctor who performed autopsy stated that the death was homicidal. The advocate for the applicant also referred to evidence of witness Vilas and argued that the offence can be under section 306 and not section 304-B of the I.P.C. 4. Considering the evidence on record, in my opinion, discretion can be exercised in the present matter in favour of the applicants. In the result, the application is allowed. The execution of substantive sentence of imprisonment of each of the applicant is suspended pending the appeal on each applicant executing bail of Rs. 20,000/- (Rupees Twenty Thousand Only) with one surety in like amount. [P.R. BORKAR,J.] snk/2010/FEB10/cra2.10