[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION APPLICATION NO.37 OF 2008 IN APPEAL NO. 869 OF 2007 1. Shivaji Ramchandra Pawar 2. Vitthal Shivaji Pawar 3. Santosh Shivaji Pawar 4. Navnath Shivaji Pawar All residing at Ramnagar Tal. and Dist.Satara presently in Satara District Prison ..Applicants [Ori.Accused] Vs. The State of Maharashtra ..Respondent .... Mr.Rahul S.Kate Advocate for Applicants Mr.P.S.Hingorani APP for State .... CORAM: F.I.REBELLO AND CORAM: F.I.REBELLO AND CORAM: F.I.REBELLO AND SMT.V.K.TAHILRAMANI,JJ. SMT.V.K.TAHILRAMANI,JJ. SMT.V.K.TAHILRAMANI,JJ. DATE DATE DATE : APRIL 08,2008 : APRIL 08,2008 : APRIL 08,2008 P.C.: P.C.: P.C.: 1. Heard the learned advocate for the Applicants and the learned APP for the State. 2. All the applicants have been convicted under Section 302, 307 read with Section 34 of IPC for causing death of Dileep. It is the prosecution [-2-] case that all the four accused persons gave blows to Dileep with axe. The witnesses including the complainant have stated that all the four accused assaulted Dileep with axe. However, as far as applicant no.4 Navnath Shivaji Pawar is concerned, we find that he had been implicated by the complainant by way of improvement. Navnath’s name has not been mentioned in the complaint by the complainant who is an eye witness to the incident. Though Navnath was known to this witness, this witness has not stated about the presence of Navnath at the scene of the incident. In this view of the matter, we are inclined to grant bail to the applicant no.4-Navnath Pawar. 3. Prayer for bail made by applicant nos.1 to 3 is rejected. The applicant no.4- Navnath Shivaji Pawar be released on bail in the sum of Rs.20,000/- (Rs.twenty thousand only) with one surety to make up the said amount. Applicant no.4 to report to Satara Taluka Police Station once in a month till the disposal of the appeal. 4. Application is disposed of. [-3-] [SMT.V.K.TAHILRAMANI,J.] [F.I.REBELLO, J.] [SMT.V.K.TAHILRAMANI,J.] [F.I.REBELLO, J.] [SMT.V.K.TAHILRAMANI,J.] [F.I.REBELLO, J.]