IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 54 OF 2008 CRIMINAL APPLICATION NO. 54 OF 2008 CRIMINAL APPLICATION NO. 54 OF 2008 IN APPEAL NO. 26 OF 2008 Shivaji Gopal Lokare .... Applicant versus The State of Maharashtra & anr...... Respondent. Shri Prashant G. Sawant for applicant. Shri A.S.Shitole APP for State. CORAM; A.P. DESHPANDE, J. CORAM; A.P. DESHPANDE, J. CORAM; A.P. DESHPANDE, J. DATED; 21ST JANUARY, 2008 DATED; 21ST JANUARY, 2008 DATED; 21ST JANUARY, 2008 P.C.; P.C.; P.C.; 1. When the matter was heard in the first session, it was noticed that a prayer for bail has been made in the memo of appeal, but no separate application for bail was filed. Hence with the leave of the court the learned counsel for the applicant presented a bail application in this court which is to be numbered and taken into consideration. 2. According to the prosecution, the accused and the deceased were playing cards and on account of altercations there was a quarrel between the two. The accused gave one stick blow on the upper side of the ear which resulted in death. Hence accused was proceeded against for commission of offence under section 302 of IPC. The Sessions Judge convicted the applicant/appellant for offence under section 304-II IPC and sentenced him to undergo R.I. for three years and to pay a fine of Rs. 10,000/- in default to suffer S.I. for four months. The learned counsel for the applicant submits that the applicant was on bail during the trial and has not misused the same. He also submits that the fine amount has been deposited. Perused the impugned judgment. The appeal needs serious consideration. The appeal is not likely to come up for hearing before the expiry of the period of sentence. Having regard to the totality of the facts and circumstances, I deem it a fit case for grant of bail. In the result, I direct that the applicant be released on bail on the same terms and conditions on which he was released on bail during the trial on executing fresh bail bond. .....