[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.322 OF 2008 Anil Dinkar Patil ..Applicant Vs. State of Maharashtra ..Respondent ... Mr.B.R.Patil i/b Mr.P.P.Runwal and Mr.P.L.Sapkale Advocate for Applicant Mr.K.V.Saste A.P.P. for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : MARCH 13, 2008 DATE : MARCH 13, 2008 DATE : MARCH 13, 2008 AT 2.40 P.M. IN CHAMBER AT 2.40 P.M. IN CHAMBER AT 2.40 P.M. IN CHAMBER P.C. P.C. P.C. 1. Heard the learned advocate for the applicant and the learned A.P.P. for the State. 2. The applicant-original accused no.7 is seeking bail in CR No.I-73 of 2006 of Manpada Police Station, Dombivali. The said case is under Section 302 of IPC. 3. The applicant had earlier preferred application for bail which came to be rejected on 14th March, 2007. The learned advocate for the applicant has submitted that the applicant was about 19 years of age at the time of incident. He has submitted that [-2-] the applicant is in custody for almost two years and the trial is not likely to begin in the near-future. 4. The learned advocate for the applicant has pointed out that in the present case, though the incident had taken place on 15th March, 2006, the deceased Rohidas died four days after the incident which fact was not pointed out at the time when earlier the application was heard. Admittedly, the applicant was 19 and half years old at the time of the incident. Besides the present case, no antecedents have been pointed out in respect of the applicant. The present case was initially registered under Section 307 of IPC. Rohidas died four days after the date of assault. Thereafter the case was converted to Section 302 of IPC. These facts not having been pointed out, were not considered at the time of the earlier application. Looking to the facts of this case especially the fact that the deceased died four days after the assault and looking to the age of the applicant and the fact that applicant has been in custody for over two years and there is no likelihood of the trial starting in the near-future, I am inclined to [-3-] grant bail to the applicant. 5. The applicant-Anil Dinkar Patil to be released on bail in the sum of Rs.20,000/- (Rs.twenty five thousand only) with one or two sureties to make up the said amount. The applicant shall not enter the jurisdiction of Manpada Police Station, Dombivali during the pendency of the trial. The applicant shall report once in a week to Taloja Police Station. Before being released on bail, the Station House Officer at Manpada Police Station, Dombivali, shall be informed the address at which the applicant will reside during the period that he is on bail. 6. Application is disposed of. [SMT.V.K.TAHILRAMANI, J.]