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. 1111 OF 2007 CRIMINAL APPLICATION NO. 1111 OF 2007 CRIMINAL APPLICATION NO. 1111 OF 2007 IN IN IN CRIMINAL APPEAL nO. 935 OF 2007 CRIMINAL APPEAL nO. 935 OF 2007 CRIMINAL APPEAL nO. 935 OF 2007 1. Ramesh Lashinath Koli) ..... Applicants 2. Rama Tukaram Pawar ) versus The State of Maharashtra ...... Respondent. Mr. Pradip Patil i/b Shrishailya S. Deshmukh for the applicant. Shri S.R.Shinde 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. The learned counsel appearing for the applicants does not press the bail application for applicant/accused no.1 Ramesh Kashinath Koli and restricts the prayer for bail in regard to accused no.3 Rama Tukaram Pawar. 2. The present applicants who are triables, were prosecuted along with two others. The Sessions Judge has convicted the applicants/accused and sentenced them to R.I. for five years and to pay a fine of Rs. 2000/- in default to suffer R.I. for one month for an offence punishable under section 333 read with 34 of IPC. The prosecution case is that a Forest guard had questioned the two triables in the morning on the date on which the incident took place and hence when the Forest Guard were at the village of the triables one of them was assaulted. The overt act is attributed to the applicant no.1 alone, who had allegedly assaulted the public servant by a hammer on his eye. No overt act is attributed to the applicant no.2. 3. Perused the impugned judgment and order and in my opinion this is a fit case for grant of bail to the applicant no.2. I am informed that the applicant no.2 was on bail during the trial and he had not misused the bail. From the date of judgment till date he is in jail. He was also in jail during the trial for a period of one month for which set off, has been granted. Having regard to the totality of the facts and circumstances, I direct that the applicant no.2 Rama Tukaram Pawar be released on bail on the same terms and conditions on which he was released during the trial on executing fresh bail bond. The applicant no.2 shall attend Roha Police station once in a month on Sundays falling in the first week of every month. ...