IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. CRIMINAL APPLICATION NO. CRIMINAL APPLICATION NO. 837 OF 2007 OF 2007 OF 2007 IN CRIMINAL APPEAL NO. 691 OF 2007 Ladya @ Kisan Namdeo Thokal .... Applicant versus The State of Maharashtra ...... Respondent. Mr. Vikas Shivarkar for the applicant. Mr. P.A.Pol APP for State. CORAM; A.P. DESHPANDE, J. CORAM; A.P. DESHPANDE, J. CORAM; A.P. DESHPANDE, J. DATED; 25TH MARCH, 2008 DATED; 25TH MARCH, 2008 DATED; 25TH MARCH, 2008 P.C.; P.C.; P.C.; 1. The present applicant was prosecuted for offence punishable under sections 302 and 323 read with 34 of IPC. The present applicant has been convicted for offence punishable under section 304(II) of IPC and is sentenced to R.I. for five years and to pay a fine of Rs. 1000/- in default to suffer R.I. for one month. The prosecution case is that on 17-1-2005 the deceased Sachin was beaten to death by four persons including the present applicant. When the deceased Sachin was taken to the hospital, the medical officer declared him dead. According to the medical officer the deceased died because of extensive beating on his chest and abdoman. The independent witness by name Pushpa P.w.7 has identified the present applicant as one of the assailants. According to her version, the applicant along with three of his colleagues beat Sachin until he fell down and became unconscious and died. Further the learned counsel for the applicant submits that at the most the offence of causing hurt was made out for which the maximum sentence is one year and the applicant has already undergone one year of custody including his detention during the trial. The learned APP opposed the bail application by filing a detailed affidavit and in paragraph 7 of the affidavit, the antecedents of the applicant has been set out. The chart reveals that 55 cases are pending against the present applicant under various provisions of IPC. The applicant is also facing prosecution under MCOC Act. Most of the cases are under sections 326 and 457 and 379 of IPC. Having regard to the totality of the facts and circumstances, I am not inclined to release the applicant on bail. Hence his application for bail is rejected. The Registry to list the appeal for final hearing after the same is ready for being heard. ....