-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1425 OF 2008 IN CRIMINAL APPEAL NO. 309 OF 2008 Govind Khodabhai Bharwad ... Applicant vs. The State of Maharashtra ... Respondent. Mr. H.H. Ponda for the applicant. Mr. P.S. Hingorani, Additional Public Prosecutor, for the respondent. CORAM: BILAL NAZKI & ANOOP V. MOHTA , JJ. DATE: JANUARY 22, 2009 P.C. Four accused were tried for offence under Section 302 read with Section 34 of the Indian Penal Code. Accused No.4 was acquitted whereas three others were convicted. In the opinion of doctor who conducted the post mortem on the dead body, the death was caused due to head injury and, according to the evidence, head injury was inflicted by accused No.4. However, accused No.4 has been acquitted. While taking this into consideration, a Bench of this Court has already granted bail to accused No. 2 in Criminal Application No. 775 of 2008 in Criminal Appeal No. 309 of 2008. The learned counsel appearing for the applicant-accused No.1 submits that his case is similar to accused No.2. -2- Therefore, he should be admitted to bail. 2. We have heard the learned counsel for the applicant as well as the learned Additional Public Prosecutor and perused the judgment. We feel that the treatment given to accused No.2 deserves to be given to accused No.1 as well. Therefore, we direct that the present applicant-original accused No.1 be released on bail, subject to furnishing a personal bond in the amount of Rs.25,000/- (Rupees Twenty five thousand only) with two sureties in the like amount to the satisfaction of the learned Sessions Judge. The applicant is also directed to remain present in this Court whenever the appeal is taken up for final hearing. This application is accordingly disposed of. BILAL NAZKI, J. ANOOP V. MOHTA, J.