1 A IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.498 OF 2009 IN CRIMINAL APPEAL NO.419 OF 2009 WITH CRIMINAL APPLICATION NO.497 OF 2009 IN CRIMINAL APPEAL NO.419 OF 2009 Kumar Raju Gauda & Anr. .. Applicants V/s. The State of Maharashtra .. Respondents Mr.P.R.Dave for the Applicants. Mr.D.p.Adsule, A.P.P.for the State. CORAM : A.R.JOSHI, J. DATED : MAY 7TH, 2009. P.C. Heard rival submissions for some time and both the present applications are being taken up for final orders. 2. It appears that criminal appeal No.491 of 2009 is 2 preferred by all the three accused against their conviction, accused Nos. 1 and 3 were convicted by 7th Adhoc Additonal Sessions Judge, Sewree, Mumbai on 23rd March, 2009 for offence punishable under section 323 read with section 34 of Indian Penal Code and sentenced to suffer R/I for six months each. Reportedly, during the trial they were on bail and also interim bail after conviction. Accused No.2 who appears to be the main accused indulged in the assault on the deceased, was earlier charged under section 302 of Indian Penal Code, however, said charge was brought down to offence punishable under section 304II of I.P.C. He was sentenced to suffer R/I for five years and fine of Rs.1,000/-. 3. Reportedly, complainant and his two friends earlier consumed a Tadi about 10 bottles collectively and thereafter went to a brothel after one person invited them. There was some altercations and hot exchange of words at the brothel on the amount to be paid. At that moment accused No.2, person from the brothel assaulted the deceased by putting his head twice on a wall, due to such impact deceased collapsed and he was taken to the hospital. All the three accused assisted in taking then injured to the hospital. Injured was also accompanied by complainant and his another friend. Reportedly, said another friend was not examined. A.D.R. was registered at the hospital. Accused No.2 was immediately apprehended. Accused Nos.1 and 3, his associates, were also apprehended and after completion of investigation charge sheet was filed and they were tried. 3 4. Reportedly, all the three accused were put under arrest on 1st June, 2008 on the day of incident. Admittedly, accused Nos. 1 and 3 were on bail during the trial and also on interim bail till date as they were convicted for the offence under section 323 read with section 34 of I.P.C. Accused No.2, on act of giving impact on the head of the deceased, was convicted not for the offence under section 302 but laser offence as above and was sentenced to suffer R/I for five years. Considering the circumstances and considering the conditions drunkenness under which the complainant and his two friends went to the brothel and considering the conviction of accused No.2 for the laser offence, in the opinion of this Court, all the three accused can be released on bail on imposing certain conditions as to attendance to the local Nagpada Police Station, Mumbai. Hence, order : :: O R D E R :: i. Bail application No.498 of 2009 is allowed. Accused Nos. 1 and 3 be released on same bail already granted by the trial Court with fresh bonds. ii. Bail application No.497 of 2009 is allowed. Applicant accused No.2 shall be released on bail on his executing a P.R.Bond in a sum of Rs.15,000/- with one surety for the like amount. 4 iii. On availing the bail as above, the applicants shall attend Nagpada Police Station on every 10th day of the month till the hearing and final disposal of the Appeal No.419 of 2009. iv. With these directions both the bail applications are disposed of. (A.R. JOSHI, J.)