1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1273 OF 2009 IN CRIMINAL APPEAL NO. 1087 OF 2008 Gangadhar Krishna Pukale & Ors .. Applicants Vs State of Maharashtra .. Respondent Shri. Vishwanath S. Talkute for the applicants Mr. P.A. Pol, APP for the State CORAM : B.H. MARLAPALLE & R.Y.GANOO, JJ. DATE : 26th November, 2009 P.C.: 1. Heard Mr. Talkute the learned counsel for the applicants who were accused nos. 1 and 2 in Session Case No. 235 of 2006 2. In Sessions case no. 235 of 2006, all the three accused came to be convicted for the offences punishable under Section 302 read with Section 34 of IPC, Section 498­A read with Section 34 and Section 201 read with Section 34 of IPC by the learned I Adhoc Session RMA 9appa1273­09.sxw 2 Judge, SolapurAdhoc Sessions Judge on 20th September, 2008. 3. Criminal Appeal no. 1087 of 2008 filed by the applicant has been admitted by this court. Accused no. 3 who is the wife of the present applicant no.2 has been released on bail by this court on 23rd October, 2009. 4. As per the prosecution case, it was accused no. 1 who killed the deceased and he was assisted by other accused in setting the dead body ablaze so as to show that the deceased committed suicide. The prosecution examined in all eleven witnesses. Prima facie, the evidence goes to show that the presence of applicant no. 2, at the time of the incident, was not free from doubts. The evidence so adduced in respect of charge under Section 302 of IPC does not permit us to released the accused no. 1 on bail and therefore, this prayer has to be rejected. However, the evidence indicates that the accused no. 2 deserves to be released on bail during the pendency of Criminal Appeal no. 1087 of 2008 having regard to the prosecution case as it is and as reflected to the FIR. 5. Hence, this application succeeds partly. Prayer for bail of applicant no. 1 is hereby rejected. However, applicant no. 2 is directed to be RMA 9appa1273­09.sxw 3 released on bail during the4 pendency of Criminal Appeal no. 1087 of 2008, unless required in some other cases, on the condition that he shall report to the nearest police station once in a month on a day fixed by the police station and on furnishing a PR bond in the sum of Rs. 10000/­ with one solvent surety in the like amount. [R.Y.GANOO, J.] [B.H. MARLAPALLE, J.] RMA 9appa1273­09.sxw