IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO. 920 OF 2007 APPLICATION NO. 920 OF 2007 APPLICATION NO. 920 OF 2007 IN IN IN CRIMINAL CRIMINAL CRIMINAL APPEAL NO. 745 OF 2007 APPEAL NO. 745 OF 2007 APPEAL NO. 745 OF 2007 Shakil @ Sunil Abdul ... ... Applicant Rehman Khan (Ori. Accused no.2) Vs. The State of Maharashtra ... ... Respondent Through Jail. Mr. A.G. Toraskar appointed by Legal Aid Committee. Ms. S.D. Shinde, Additional Public Prosecutor for Respondent. CORAM CORAM CORAM : BILAL NAZKI & S.A. BOBDE, JJ. : BILAL NAZKI & S.A. BOBDE, JJ. : BILAL NAZKI & S.A. BOBDE, JJ. DATE DATE DATE : 11TH FEBRUARY, 2008 : 11TH FEBRUARY, 2008 : 11TH FEBRUARY, 2008 P.C. P.C. P.C. : : :- 1) We have heard the learned Counsel for the Applicant as well as learned Additional Public Prosecutor. We have also gone through the record. 2) According to the judgment of the learned Additional Sessions Judge, Palghar, the accused No. 2 who is the Applicant has been convicted on the basis of the statement made by P.W. 5, Shiv Kumar Tiwari during the trial. 3) We have gone through the statement of 2 P.W. 5. P.W. 5 has nowhere stated in his statement that the accused-Applicant was responsible for the death of the deceased, on the other hand he had accused the Applicant for having assaulted him. 4) For these reasons, we find that it is a case of bail. We are also told that the accused was arrested on 3/4/1999 and he has all along been in custody and is already in jail for about 9 years. Therefore, we allow the application directing that the accused-Applicant shall be released on bail on his furnishing P.R. Bond of Rs.5,000/- with two sureties of like amount to the satisfaction of the learned Additional Sessions Judge, Palghar. 5) The application is disposed of. ( BILAL NAZKI, J.) BILAL NAZKI, J.) BILAL NAZKI, J.) ( S.A. BOBDE, J.) S.A. BOBDE, J.) S.A. BOBDE, J.)