Bail 381/2011 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 381/2011 IN CRIMINAL APPEAL NO.202/2011 Haribhau Dhondiba Kakade and Anr. APPLICANTS/APPELLANTS VS. The State of Maharashtra RESPONDENTS Mr.M.S.Mohite,Adv.for Applicants Mr.J.P.Kharge,APP for State CORAM-MRS.MRIDULA BHATKAR , J. DATE -25TH MARCH,2011 P.C. . This bail application is preferred by the applicants/ appellants who were convicted by the judgment and order dated 7/3/2011 passed by the Additional Sessions Judge, Pune . The applicants 1 and 2 are convicted for the offence punishable u/s 304 Part II , 324 and 504 r/w section 34 of the Indian Penal Code . Applicant no.1 is sentenced to suffer R.I.for five years and to pay fine of Rs.500/- i/d to suffer R.I.for three months for offence punishable u/s 304 Part II r/w sec.34 of the Indian Penal Code. Bail 381/2011 2 Applicant no.2 is sentenced to suffer R.I.for three years and to pay fine of Rs.500/- i/d to suffer R.I.for three months for the offence punishable u/s 304 Part II of the Indian Penal Code. 2 Learned counsel appearing for the applicants submits that both the applicants were on bail throughout the trial . On 27/3/2011 wedding of the close relative of the applicants is to take place . Learned APP confirms the fact that the applicants were on bail throughout the trial and he opposes the bail application on the ground that the applicants have in fact committed murder by inflicting injuries on the vital part of the deceased. The applicants have produced wedding card on record . Which is taken on record and marked X for identification. 3 Considering the quantum of punishment as well as the applicants were on bail throughout the trial and it is not the case of the prosecution that the applicants were having other criminal record,and as the wedding ceremony of their close relative is to Bail 381/2011 3 take place on 27th March,2011 , the applicants are entitled to be released on bail . O R D E R The applicants be released on bail of Rs. 30,000/-(Thirty Thousand) each with one surety in like amount each . Applicants are directed not to leave India without permission of the Court and if there is any change in their address ,they should inform the same to the concerned police station. Mrs.Mridula Bhatkar, J.