1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1002 OF 2007 IN CRIMINAL APPEAL NO.772 OF 2007 Appasaheb @ Dhanappa Girappa Chadchan ...Applicants & anr. V/s. The State of Maharashtra ...Respondent Mr.Sudhir C. Halli i/b.Mr.Subhash Hulyalkar, advocate, for the applicants Mrs.V.R.Bhosale, A.P.P, for the State CORAM : F.I.REBELLO & SMT.V.K.TAHILRAMANI, JJ. DATE : 11TH APRIL, 2008 P.C. . Heard the learned advocate for the applicants and the learned A.P.P for the State. The applicant No.1/original accused No.1 and applicant No.2/original accused No.2 have been convicted under Section 302 of the Indian Penal Code. They have preferred the present application for bail. 2. There are two eye witnesses to the incident i.e.P.W.2 2 Mallayya Mathpati and P.W.7 Vijaykumar Hunnur. Both the eye witnesses have stated that the applicant No.1 assaulted the deceased with scythe. Eight injuries were found on the body of the deceased. It is pertinent to note here that none of the witnesses have attributed any role of assault to applicant No.2. From the evidence it is clear that the applicant No.2 has not assaulted the deceased. Hence, we are inclined to grant bail to applicant No.2 only. The prayer of applicant No.1 for bail is rejected. (i) The applicant No.2 Girappa Dhanappa Chadchan to be released on bail in the sum of Rs.10,000/- with one or two sureties to make up the said amount. (ii) The applicant No.2 to report once in a month i.e.on the first Monday of every month to Umadi Police Station, Taluka Jat, District Sangli till disposal of the appeal. (iii) The application is disposed of. (F.I.REBELLO, J.) (SMT.V.K.TAHILRAMANI,J.)