1 APPA 128-2011 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.128 OF 2011 IN CRIMINAL APPEAL NO.433 OF 2010 1. Chandrakant Krishna Jadhav ..Applicants 2. Prakash Babasaheb Jadhav 3. Vijaykumar Babasaheb Jadhav 4. Sarjerao Krishna Patil V/s. The State of Maharashtra ..Respondent Mr.A.P.Mundergi, Sr. Counsel with Mr.Shekhar Inagawale, for the Applicants Mr.V.V.Purwant, Advocate, for the original Complainant Mrs.M.M.Deshmukh, APP, for the Respondent - State CORAM : R.C.CHAVAN, J. DATE : 8TH JUNE, 2011 P.C. . Heard the learned Counsel for the respective parties. 2. This is an application for bail by the 4 out of 18 convicts, who have been convicted for the offence punishable under Section 304(II) and sentenced to suffer R.I. for five 2 APPA 128-2011 years each. They have been attributed one blow each by either iron rod or stick or by blunt side of Axe on the head of one Ananda, who died 5 days after the incident as a result of the injuries sustained. The medical evidence discloses existence of one injury on the skull and therefore, the learned Counsel for the applicants submits that the case 4 persons inflicting four blows is improbable. He states that all the 4 persons have been in jail as under trial prisoners for 6 months and for one year after their conviction. Therefore, they may be admitted to bail. Other 14 convicts have already been admitted to bail. The learned APP has strong objection and she states that in fact, the blows administered by the applicants led to death of the victim. The applicants have already been dealt with leniently by reducing their complicity to offence punishable under Section 304(II) of IPC, and so the applicants may not be admitted to bail. 3 APPA 128-2011 3. It would not be possible to sift the evidence now to find out whose blow led to death of victim when Appeal is admitted and would be heard in due course to find out what is the role of each of the applicants. Since applicant No.1 Chandrakant Krishna Jadhav, who was shown to be 56 years in the Judgment and is stated to be 60 years, considering his age, he may be released on bail on his furnishing P.R.Bond of Rs.5000/- with one or more solvent sureties on the condition that he shall report to the police station concerned once in month. There is no question of applicant Nos.2 to 4 admitting to bail. Their bail application is rejected. Hearing of the appeal is expedited. 4. Criminal Application is disposed of. (R.C.CHAVAN, J.)