12.cr appa 522-10.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 522 OF 2010 IN CRIMINAL APPEAL NO. 251 OF 2010 Lalman Paltanram Jaiswar & Ors .. Applicant Vs The State of Maharashtra .. Respondent Mr. S.S. Dube for the Applicants Mr. S.A. Shaikh, APP for the State CORAM : SMT. V.K. TAHILRAMANI, J DATE : 26th AUGUST, 2010. P.C.: 1. Heard learned advocate for the applicants and the learned APP for the State. 2. The applicant original accused no. 1 has been convicted under Section 304 Part II read with 34 of IPC. The appeal preferred by the applicants is pending for hearing. The applicants are now seeking bail. 3. The role attributed to the applicant nos. 1 and 2 is that they assaulted Suresh with fist and blows. Role attributed to applicant no. 3 is that he assaulted Suresh 1 12.cr appa 522-10.doc with stick. From the incident on record, it is clear that there was no premeditation and the incident occurred on account of sudden fight. 4. Learned advocate for applicants states that applicant nos. 1 and 2 were on bail during the trial and they have not misused liberty granted to them. This statement has not been controverted by the APP. Applicant no. 3 as on today is in custody for over 22 months and the appeal is also not likely to come up for hearing in near future. Looking to the evidence on record and the above facts, I am inclined to grant bail. Hence, the following order : O R D E R 1. The Applicant nos. 1 to 3 namely Lalman Paltanram Jaiswar, Lalchand Paltanram Jaikwar and Deepchandkumar Paltanram Jaiswar be released on bail in the sum of Rs. 15,000/- [Rs. Fifteen Thousand Only] each with one or two sureties to make up the said amount. The Applicants shall report to the concerned Police Station once in a fortnight till disposal of the appeal. 2. Application is disposed of. [SMT. V.K. TAHILRAMANI, J.] 2 12.cr appa 522-10.doc 3