APPA. 1187-11 - 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 1187 OF 2011 IN CRIMINAL APPEAL No. 86 OF 2008 Mahadeo K. Misal ... Applicant Vs. The State of Maharashtra ... Respondent *** Mr. Daulat G. Khamkar, for the Applicant. Mr. K. V. Saste, APP, for the Respondent. *** CORAM : V. M. KANADE, & A. M. THIPSAY, JJ. DATE : OCTOBER 19, 2011 PC: 1. Heard the learned counsel appearing for the applicant and the learned APP appearing for the respondent State. The applicant was convicted for the offence punishable under Section 302 of the I.P. Code and sentenced to suffer rigorous imprisonment for life. 2. The prosecution case is that the applicant assaulted the deceased minor girl, aged about three years and this was seen by PW 4 Prakash Galuthe. He was present in the same room. The defense of the applicant is that girl fell down from a wooden staircase and had received injuries on her head and succumbed to the said head injuries. APPA. 1187-11 - 2 - 3. The prosecution has produced photographs of the said wooden staircase. We have seen the said photographs and we are of the view that it is possible for a child of three years to climb the stair case, and a fall from the said stair case would result in the injury which is caused to the deceased minor girl. This is a probable defense and will have to be examined at the time of hearing of the appeal. The applicant is in jail since last seven years and five months and if the remissions are taken into consideration to which the applicant is entitled, he has undergone the sentence of nine years of imprisonment. The appeal is not likely to be heard immediately in the near future, taking into consideration pendency of the case in this Court. Under these circumstances, we are of the view that the applicant deserves to be released on bail. 4. The applicant is directed to be released on bail, on execution of P.R. bond in the sum of Rs.10,000/- with one or two sureties in the like amount. The applicant shall report to the concerned police station once in two months. The applicant shall inform the concerned police station his address in the event of any change in the address. [A. M. THIPSAY, J.] [ V. M. KANADE, J.]