(-1-) MGN IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, CRIMINAL JURISDICTION CRIMINAL APPLICATION NO.326 OF 2008 IN CRIMINAL APPEAL NO.650 OF 2007 Ajay Madhusudan Mukharjee....Applicant Vs. State (Nirmal Nagar Police Station)..Respondent Mr. Y.M. Chaudhary, for the Applicant Ms.M.M. Deshmukh, APP for the respondent. CORAM: F.I. CORAM: F.I. CORAM: F.I. REBELLO REBELLO REBELLO & K.U.CHANDIWAL, JJ. K.U.CHANDIWAL, JJ. K.U.CHANDIWAL, JJ. DATED: 2ND MAY 2008 DATED: 2ND MAY 2008 DATED: 2ND MAY 2008 P.C.: P.C.: P.C.: . Applicant along with two others were charged for having caused the death of one Amar. He was arrested on 11th March, 2006. The trial ended in conviction for the charge under Section 302 in which he has been imprisoned for life on 9th November, 2006. The Applicant, therefore, is in custody for the last two years and over a month. 2. On behalf of the appellant learned Counsel points out that considering the post-mortem report and the evidence of the Doctor P.W.5-Dr.Vijay Nivruti Tasgaonkar, there is nothing on record to indicate that the offence would amount to a case of culpable homicide. 3. On the other hand on behalf of the State (-2-) learned A.P.P. draws our attention to the finding of the trial Court in para.16 of the impugned order. 4. After considering the material on record and the evidence we are of the opinion that this is fit case to grant bail though the appellant was not on bail during the pendency of the trial considering the post-mortem report and the evidence of Dr.Vijay Nivruti Tasgaonkar. In the light of the above Applicant be released on bail on furnishing personal bond of Rs.10,000/- with one surety in the like amount. The Applicant to report to the Nirmal Nagar Police Station once every month on first Monday between 5.00 p.m. to 7.00 p.m. Criminal Application disposed off. (K.U.CHANDIWAL, J.) (K.U.CHANDIWAL, J.) (K.U.CHANDIWAL, J.) (F.I.REBELLO, J.) (F.I.REBELLO, J.) (F.I.REBELLO, J.)