/ 1 / IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1254 OF 2008 WITH CRIMINAL APPEAL NO.1165 OF 2008 Mohan Shaniwar Mali & Ors. ...Applicants Vs. The State of Maharashtra ...Respondent --- Shri S.V. Marwadi Mrs.M.H. Mhatre APP for State --- CORAM: V.M. KANADE J. DATED: 1ST DECEMBER, 2008 P.C. 1. Heard the learned Counsel appearing on behalf of the Applicant and the Learned APP for the State. 2. The Applicant has been convicted for the offence punishable under section 325 r.w. 34 of the Indian Penal Code and has sentenced to suffer R.I. for three years and to pay fine of Rs.2,000/- and, in default, to suffer R.I. for six months. 3. The Applicant was on bail during trial. 4. The learned APP appearing on behalf of the State filed an affidavit stating therein that the Applicant was involved in number of other similar cases. She invited my attention to paragraph 4 of the affidavit in reply, in which the various cases were filed against the Accused have been mentioned. Shri Marwadi, the learned Counsel appearing on behalf of the Applicant, however, submits that the Applicant has been acquitted in all these cases. It is submitted that the name of the Applicant has bee implicated due to political rivalry. Since the Applicant was on bail during trial and the / 2 / sentence imposed by the Trial Court is three years. Hence, the Applicant may be released on bail. 5. The Applicant, therefore, be released on bail in a sum of Rs.5,000/- with one or two sureties in the like amount. Applicant shall report to Dahanu Police Station once in a week for a period of six months and thereafter once in a month. V.M. KANADE J.