- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.888/2010 IN CRIMINAL APPEAL NO.95/2010 1] Bajirao s/o Devidas Surwase @ Walke, age 35 yrs., occu.agri., 2] Ramesh s/o Kisan Surwase @ Walke, age 40 yrs., occu.agri., 3] Shivaji s/o Devidas Surwase @ Walke, age 45 yrs., occu.agri., 4] Dinkar s/o Kisan Surwase @ Walke, age 50 yrs., occu.agri., 5] Sheshrao s/o Kisan Surwase @ Walke, age 60 yrs., occu.agri., All r/o Shedol Tq.Nilanga Dist.Latur. ...Applicants.. Versus The State of Maharashtra. ...Respondent... ..... Smt.Sadhana S. Jadhav, Advocate for applicants. Shri K.B. Choudhary, APP for respondent. - 2 - ..... CORAM: MOHIT S. SHAH, CJ & P.V. HARDAS, J. DATE: 27.08.2010 PER COURT: 1] Heard counsel for the parties. 2] This is an application for bail during pendency of the appeal who are convicted for the offences punishable u/ss.143, 147, 148, 323, 324 302 r/w 149 of the Indian Penal Code. 3] Having regard to the evidence on record, it is seen that the applicant no.4 – original accused no.5 – Dinkar s/o Kisan Surwase @ Walke was on bail during trial. We are inclined to grant him bail pending final disposal of the present appeal. The application for bail made by other applicants – convicts deserves to be rejected. 4] In the result, the application is partly allowed. The applicant no.4 – original accused no.5 – Dinkar s/o Kisan Surwase @ Walke shall be released on bail on executing P.R. Bond of Rs.20,000/- and solvent surety in the like amount to the satisfaction of the trial Court. The substantive sentence of imprisonment as against applicant no.4-original accused no.5 – Dinkar s/o Kisan Surwase @ Walke is suspended till final disposal of the present appeal. - 3 - The application for bail of other applicants i.e. applicant nos.1,2,3 and 5 being original accused nos.1,3,4 & 6 is rejected. CHIEF JUSTICE (P.V. HARDAS, J.) ndk/cr27810