AJN 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.145 OF 2010 IN CRIMINAL APPEAL NO.638 OF 2005 Suhas @ Pintu Machhindra Shinde ... Applicant Vs. The State of Maharashtra. ... Respondent Mr. Ganesh Gole for the applicant. Ms. P.H. Kantharia, A.P.P. for the State. CORAM: MRS. RANJANA DESAI & MRS. V.K. TAHILRAMANI, JJ. DATED : 12TH APRIL, 2010. P.C.:- 1. The applicant is original accused 4. He was tried along with seven others for offences punishable under Sections 147, 148, 302, 307, 326, 504 and 506 read with Section 149 of the Indian Penal Code (for short, “the IPC”) and under Section 135 of the Bombay Police Act. By the judgment impugned in the instant appeal, he has been inter alia convicted to undergo life imprisonment. AJN 2 2. We have heard learned counsel for the applicant at some length. He submitted that the allegation against the applicant is that he threw stones at the deceased. He submitted that it is true that there are three eye- witnesses to the incident in question. However, there is a general statement that the applicant threw stones at the deceased. Counsel submitted that PW-8 Bhaskar Kandekar and PW-12 Sangita Kandekar are injured eye- witnesses. None of them have stated that they have received any stone injuries. He submitted that the applicant has been in jail since 8/1/2003. He has undergone about 8 years' imprisonment. Counsel submitted that the applicant was 20 years of age when he committed the offence. Considering the age and the fact that he has been in jail for last 8 years, he may be granted bail. Learned A.P.P. opposed the grant of bail. 3. The eye-witnesses have stated that the applicant had stones in his hands. It is pertinent to note that the other AJN 3 accused, according to the eye-witnesses, had weapons like sword, stick, iron rod and bat and they used those weapons to attack the deceased. One of them had acid bottle. The fact that the applicant is stated to have used stones prima facie indicates that he may not have shared the intention to kill the deceased. His case stands on a different footing. Considering the fact that the applicant is in jail for about 8 years, in our opinion, the applicant should be released on bail. 4. Hence, the applicant - Suhas @ Pintu Machhindra Shinde is ordered to be released on bail in the sum of Rs. 20,000/- (Rupees Twenty Thousand only) with one or two sureties. While on bail, the applicant shall attend Mangalweda Police Station, Solapur once in a month. Needless to say that if the applicant commits breach of this condition, his bail is liable to be cancelled. 5. Criminal application is disposed of. [MRS. RANJANA DESAI, J.] [MRS. V.K. TAHILRAMANI, J.]