-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRI. APPELLATE JURISDICTION APPLICATION NO.138 OF 2007 IN APPEAL NO.1303 OF 2004 1. Ramchandra Ishwar Surwase Age 47 years 2. Dhanaji Ramchandra Surwase Age 16 years Both are resident of Javala, Tal.Sangola, Dist.Solapur. At present both are in Yeroda Central Prison. ..Applicants Vs. The State of Maharashtra ..Respondent ... Mr.A.A.Joshi Advocate for Applicants Mr.A.R.Patil APP Respondent-State ... CORAM: S.B.MHASE & CORAM: S.B.MHASE & CORAM: S.B.MHASE & SMT.V.K.TAHILRAMANI,JJ. SMT.V.K.TAHILRAMANI,JJ. SMT.V.K.TAHILRAMANI,JJ. DATE : MARCH 10, 2008 DATE : MARCH 10, 2008 DATE : MARCH 10, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the applicants and the learned APP for the State. 2. Both the applicants have been convicted under -2- Section 302 of IPC. The applicants are seeking bail. 3. The applicant No.1-Ramchandra is the father of applicant No.2-Dhanaji. The evidence on record specially that of eye witness P.W.1 Balu Chavan shows that the applicant No.1 Ramchandra was armed with "Sattur" at the time of incident and he assaulted deceased Mahadeo with "Sattur". Mahadeo had sustained about 18 injuries on his person. Hence, we are not inclined to grant bail to the applicant no.1-Ramchandra. Application qua applicant No.1-Ramchandra is rejected. 4. As per the witnesses, the applicant No.2-Dhanaji has also assaulted Mahadeo. However, the case of the applicant No.2 is that he is juvenile. It is his case that he was born on 4th August, 1986 and as the incident had taken place on 11th November, 2002, he was juvenile at the time of the incident. In support of his contention that he is juvenile, he has placed reliance on the Certificate which is annexed to the application at Page No.100. The learned APP does not controvert the genuineness of the Certificate. In view of the Certificate, it is -3- clear that the applicant no.2 was minor at the time of the incident. Hence, we are inclined to grant bail to the applicant no.2. 5. The applicant no.2-Dhanaji Ramchandra Surwase to be released on bail in the sum of Rs.10,000/- (Rs.Ten thousand only) with one surety in the like amount. 6. Application is disposed of. [SMT.V.K.TAHILRAMANI,J.] [ S.B.MHASE, J.]