1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 205 OF 2009 IN CRIMINAL APPEAL NO. 800 OF 2008 Smt.Ujwalla Jagannath Thombre & Ors. ... Applicants. Versus The State of Maharashtra. . .... Respondent. Mr. S. K. Shinde with Mr. S. Kusar for the Applicants. Mrs. P. H. Kantharia, APP for the State. CORAM : BILAL NAZKI and A. R. JOSHI, JJ. DATED : 19TH MARCH, 2009. P.C.: The applicants have been convicted for the offence under Section 302 of the Indian Penal Code and have been sentenced to suffer life imprisonment. There were in all nine accused. All were convicted. 2. Learned Counsel for the applicants submits that the whole case depends on the alleged dying declaration and even in that dying declaration the deceased did not mention the names of the present applicants. We have heard the learned Public Prosecutor and have also seen the dying declaration. 2 3. Admittedly, out of the four applicants, names of three of them do not figure in the dying declaration. There is a dispute with regard to the fourth applicant, namely, Bhaskar Thombre as to whether he is Bhaskar Bhanudas Thombre and Bhaskar Chandrabhan Thombre. 4. In this view of the matter, we direct release on bail of three applicants out of the present four applicants, namely, (1) Smt. Ujwala Jagannath Thombre; (2) Dhananjay @ Bala Jagannath Thombre and (3) Bhanudas Rama Thombre, on each of them furnishing a bail bond in the sum of Rs.20,000/- with sureties in the like amount to the satisfaction of the trial Court. 5. This criminal application is, accordingly, partly allowed and disposed of. Sd/- (BILAL NAZKI, J.) Sd/- (A. R. JOSHI, J.)