AJN 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.21 OF 2010 IN CRIMINAL APPEAL NO.15 OF 2010 Sunil Prakash Nikhade & Anr. ... Applicants Vs. The State of Maharashtra. ... Respondent Mr. S.K. Shinde for the applicants. Mr. H.J. Dedhia, A.P.P. for the State. CORAM: SMT. RANJANA DESAI & MRS. MRIDULA BHATKAR, JJ. DATED : 19TH JANUARY, 2010. P.C.:- 1. The applicants are original accused 2 and 3 respectively. They were tried along with original accused 1 in Sessions Case No.57 of 2008 for offences punishable under Section 302 read with Section 34 and Section 498-A read with Section 34 of the Indian Penal Code (for short, “the IPC”). By judgment and order dated 16/12/2009, AJN 2 learned Sessions Judge acquitted the applicants of the offences punishable under Section 302 read with Section 34 of the IPC. He, however, convicted applicant 1 – Sunil Prakash Nikhade for the offence punishable under Section 498-A read with Section 34 of the IPC and sentenced him to suffer RI for three years and to pay fine of Rs.500/-, and in default, to suffer SI for six months. He convicted applicant 2 - Manisha Dilip Malsane under Section 498-A read with Section 34 of the IPC and sentenced her to suffer RI for one year and to pay fine of Rs.100/-, and in default, to suffer SI for one month. In this application, the applicants have prayed for bail. 2. Admittedly, the applicants were on bail throughout the trial. As we have already stated, both the applicants have been acquitted of the offences punishable under Section 302 read with Section 34 of the IPC. In the circumstances of the case, in our opinion, the applicants should be released on bail. Hence, the following order : AJN 3 3. Applicant 1 – Sunil Prakash Nikhade and applicant 2 – Manisha Dilip Malsane are ordered to be released on bail in the sum of Rs.15,000/- each with one or two sureties each to make up the amount. 4. The criminal application is disposed of in the aforestated terms. [SMT. RANJANA DESAI, J.] [MRS. MRIDULA BHATKAR, J.]