1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPEAL NO. 5326/2010 SANJAY ASHOK KULKARNI VS. THE STATE OF MAHARASTHRA _____________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _____________________________________________________ Mr. Joydeep Chatterjee, Advocate for appellant. Mr. S.N. Kendre, A.P.P. for respondent/State. Date : 23rd December, 2010 1 Heard. 2 The appellant is seeking bail pending the disposal of the appeal. The appellant is convicted for the offence punishable under Section 304 part – II read with Section section 34 of Indian Penal Code. There were four accused. 3 The prosecution case is that when the victim came aggressively in the house of the appellant and other accused they launched an attack on him. It is said that the appellant was armed with a stick and he delivered one blow of stick on the victim’s back whereas the other accused who at the time of incident was Juvenile in conflict of law, took out knife and delivered one blow on the chest of the 2 victim. Ultimately, the victim died due to stab injury. The question before lower Court was, whether the appellant shared common intention to cause death of the victim with the other accused, who caused stab injury. The learned judge held that the appellant did share the common intention. This finding, is quite questionable and the appellant / applicant has a fair chance of succeeding in the appeal. The appellant/applicant therefore, deserved bail, pending the disposal of the appeal. ORDER a) Pending hearing and final disposal of the appeal, the applicant be released on bail, on his executing P.R. bond of Rs. 10,000/- (Rs. Ten thousand) and on furnishing one surety in like amount. b) The bail bond shall be executed before trial Court. c) Hamdast allowed. d) The application disposed of. e) The parties shall act upon copy of this order duly authenticated by Sirastedar of this Court. [A.V. NIRGUDE, J.] ts k/