1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.404 OF 2010 IN CRIMINAL APPEAL NO.172 OF 2010 1. Virendra Dayalsingh Negi 2. Kishan Bishambar Bidlan @ Bachdas ..... Applicants. V/s The State of Maharashtra ...... Respondent. Mr. Khan Abdul Wahab for the applicants. Mrs. P.P. Bhosale, APP for the State. CORAM: V. M. KANADE, J. DATE : 15th April, 2010 P.C.:- 1. Heard the learned Counsel appearing on behalf of the applicants and the learned APP for the State. 2. Applicants have been convicted for the offence punishable under section 304-II of the Indian Penal Code and they are sentenced to suffer rigorous imprisonment for four years. 3. Applicants have already undergone one year of the said sentence. It appears that one of the accused himself was 2 injured in the said incident and that there are eye witnesses who have stated that the deceased caught hold of the neck of Virendra, the accused No.1 and that thereafter foam had come out of his mouth. According to applicants, some of the members of public had assaulted the deceased and, thereafter, he collapsed and died. The postmortem notes indicate that there were only three injuries on his person and those injuries were simple in nature. 4. Taking into consideration the sentence awarded by the Sessions Court and the material which is in record, applicants deserve to be released on bail. 5. Applicants, therefore, be released on bail in the sum of Rs 5,000/- each with one or two sureties each in the like amount. Applicants shall report to the concerned Police Station once in a month. 6. Application is disposed of. (V.M. KANADE, J.) 3