1 appln1316-10apeal800-10 jpc/- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1316 OF 2010 IN CRIMINAL APPEAL NO. 800 OF 2010 Prakash Rama Dalvi and another .. Appellants Versus The State of Maharashtra and another .. Respondents Mr. S. V. Marwadi for the Appellants Mr. Rajesh More, APP for the the Respondent-State CORAM : N. D. DESHPANDE, J. DATE : 3rd February, 2011 P.C.: 1. Heard learned Counsel Mr. Marwadi for the appellants and Mr. More, APP for the State. 2. This is an application for bail in the appeal which is admitted. Both the the applicants-accused suffered more than two years custody form the date of their arrest, i.e. 29.11.2008. They were charged under sections under sections 143, 148, 149, 302, 337, 504, 506 of Indian Penal Code along with three others. In all total five persons were tried. Only the appellants who are accused Nos. 1 and 2 were convicted under Section 304 (II) read with 2 appln1316-10apeal800-10 Section 34 of the Indian penal Code and sentenced to suffer five years R.I. and to pay fine of Rs.5000/- each for causing death of one Lavesh, which is culpable homicide not amounting to murder. 3. Relevant observations of the trial Court are found in paragraphs 25 and 26 of the impinged judgment and order. According to the trial Court, it is not a case of murder and the appellants-accused were only held responsible for giving stick blows which caused death because the injuries were on the head and thee was no intention behind the assault and which took place after the deceased had given axe blow to Harischandra, (uncle of accused No.1 and father of accused No.2). Because of the said blow given by the deceased, Harischandra had sustained fracture and serious injury. After going through the impugned judgment and the relevant evidence, no doubt the appellants have made out a case for their release on bail. They are convicted and have challenged their conviction in the appeal. Hence the order. i. The Appellants/original accused Nos. 1 and 2 shall be released on bail in the sum of Rs.5000 each with one or two surety of like amount to the satisfaction of the Trial Court. 3 appln1316-10apeal800-10 ii. The appellants shall record their present address with the concerned police station and report after there is any change in their address. iii. The appellants shall be available at the time of hearing of the appeal or as and when this Court direct their presence through their counsel of in person. iv. Needless to state that the State shall be at liberty to move for cancellation of bail, in case of breach of conditions or misuse of bail is noticed. v. The application is accordingly disposed of. ( N. D. DESHPANDE, J. )