1 A IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.526 OF 2009 IN CRIMINAL APPEAL NO. OF 2009 IN SESSIONS CASE NO.594 OF 2008 Mr.Kailash Zha .. Applicant V/s. The State of Maharashtra .. Respondents Mr.Sharif Shaikh and Mr.Naresh lalchandani for the Applicant. Mrs.M.H.Mhatre, A.P.P.for the State. CORAM : A.R.JOSHI, J. DATED : JUNE 12TH,2009. P.C. Heard rival submissions for some time. 2. It is the bail application preferred by accused No.1 who was convicted by Sessions Court, Mumbai for the offence punishable under section 304 II and sentenced to suffer R/I.for five years. 2 Admittedly, the other co-accused Nos. 2,3 and 4 who were convicted only for the offence punishable under section 324 of I.P.C. were granted bail by this Court while admitting the appeal of all the four accused. 3. Perused the evidence of doctor. Also perused the postmortem report. There are four incised wounds on the right elbow of the deceased and which was probably by broken glass. Three eye witnesses mentioned that deceased a customer in the hotel while going out had broken the glass panel. Allegedly, it is a case that employees of the hotel including present applicant assaulted the deceased on some altercation and quarrel with the waiters and assault by means of broken glass bottles. Allegedly, deceased was habitual visitor to the hotel, however, had not taken the names of the staff members in his dying declaration. During the trial, applicant was on bail. 4. Considering the above facts, present bail application is allowed with following order : :: O R D E R :: i. Applicant accused No.1 be released 3 on bail on his executing a P.R.bond in a sum of Rs.20,000/- with one surety of like amount or two sureties of Rs.10,000/- each. ii. After availing the bail, applicant shall attend RCF Police Station on every 10th day every month between 10.00 a.m. to 12.00 noon, till the hearing and final disposal of the appeal. iii. With theses directions, the bail application is disposed of. (A.R. JOSHI, J.)