HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPL. NO. 775 OF 2008. IN CRIM. APPEAL NO. 309 OF 2008. CRIM. APPEAL NO. 309 OF 2008. CRIM. APPEAL NO. 309 OF 2008. Sanjay Balabhai Bharwad. ..Applicant. Versus. The State of Maharashtra ..Respondent. --- Mr. H. H. Ponda for the applicant. Dr. F. R. Shaikh, APP for the State. CORAM: S. B. MHASE & CORAM: S. B. MHASE & CORAM: S. B. MHASE & A. A. SAYED,JJ. A. A. SAYED,JJ. A. A. SAYED,JJ. DATE: December 5, 2008. DATE: December 5, 2008. DATE: December 5, 2008. P.C. P.C. P.C. 1. Heard both sides. This is application for bail of the original accused no.2 who has been convicted under section 302 r/w section 34 of the Indian Penal Code. Surprisingly on perusal of the prosecution case, it is noticed that the fatal blow on the head was given by accused no.4, however the accused no.4 is acquitted. The fatal blow on head which caused the death was not given by the present applicant, i.e., the original accused no.2. Applicant was on bail during the trial and he has not misused the bail. In the circumstances, we are inclined to grant bail to the applicant. Therefore we pass the following order. ORDER (a) Sentence of the applicant is suspended under section 389 of the Code of Criminal Procedure, 1973. (b) Applicant be released on bail of Rs.25,000/- with a like surety. (c) Application stands disposed of. (A.A.SAYED, J.) (A.A.SAYED, J.) (A.A.SAYED, J.) (S.B.MHASE, J.) (S.B.MHASE, J.) (S.B.MHASE, J.) /2008/Sayed/..