34. cr appa 971­10.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 971 OF 2010 IN CRIMINAL APPEAL NO.564 OF 2010 Shashikant Vitthal Hegade .. Applicant Vs The State of Maharashtra .. Respondent Mr. J.D. Mane for the Applicant Ms. M.M. Deshmukh, APP for the State CORAM : SMT. V.K. TAHILRAMANI, J DATE : 29th SEPTEMBER,2010. P.C.: 1. Heard learned advocate for the applicant and learned APP for the State. 2. The applicant-original accused no. 1 has been convicted under Section 304(II) of the IPC and sentenced to RI for five years. The appeal preferred by him against the said order has been admitted. Now, the applicant is seeking bail. 3. Learned advocate for the applicant stated that besides this case, the applicant has a clean record. This statement has not been controverted by learned APP. 4. Learned advocate for the applicant further submitted that the maximum sentence imposed on the applicant is five 1 34. cr appa 971­10.doc years and the applicant has undergone over three years of imprisonment. He has further pointed out various discrepancies in the evidence, which according to him shows that it was not the applicant who assaulted Vishwambhar with an axe. 5. Learned advocate for the applicant has submitted that the prosecution case is that the applicant-original accused no. 1 assaulted Vishwambar on his head with the axe. However, he pointed out that the evidence of the eye witnesses is inconsistent with the medical evidence. He specifically drew my attention to the evidence of PW 11 Dr. Ravindra which shows that Vishwambhar was assaulted with hard and blunt object. Mr. Mane, further drew my attention to Exh. 79 i.e copy of ADR Report in which it is stated that original accused no. 2 was the person who assaulted Vishwambar on the head with an axe. The discrepancies brought on record are on material aspects which raise doubt about complicity of the applicant in the crime. Thus, looking to all these facts, I am inclined to grant bail to the applicant. Hence, the order: O R D E R 1. Applicant Shashikant Vitthal Hegade be released on bail in the sum of Rs. 20,000/- [Rs. Twenty Thousand Only] with one or two sureties to make up the said amount. The Applicant shall report to 2 34. cr appa 971­10.doc Mangalwedha Police Station once in a month till disposal of the appeal. 2. Application is allowed in above terms. [SMT. V.K. TAHILRAMANI, J.] 3