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. 1144 OF 2008 CRIMINAL APPLICATION NO. 1144 OF 2008 CRIMINAL APPLICATION NO. 1144 OF 2008 IN IN IN CRIMINAL APPEAL NO. 489 OF 2008 CRIMINAL APPEAL NO. 489 OF 2008 CRIMINAL APPEAL NO. 489 OF 2008 Shri Laxman Bhimsu Sonure ...Applicant (Orig.Accused No.1) vs. State of Maharashtra ...Respondent Mr.Kedar J. Patil for the Applicant. Mr.D.P. Adsule, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : OCTOBER 21, 2008 DATED : OCTOBER 21, 2008 DATED : OCTOBER 21, 2008 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the applicant and APP for the State. 2. The applicant is convicted for the offence punishable under Section 304(II) of the IPC and sentenced to suffer RI for 10 years. 3. Prosecution case is that the deceased was seen by Laxman Kokate assaulting his wife and at that time the applicant came there and he had stick in his hand. He, therefore, assaulted the deceased with the stick on his head and on his back and thereafter, the applicant accused and the said woman dragged the deceased near the - 2 - cement pole which was in front of her house. It is the prosecution case that the applicant was having an affair with the wife of the deceased. 4. The prosecution has examined two eye witnesses. However, Gajanan, one of the eye witnesses, disbelieved by the trial court. The trial court has relied on the testimony of Laxman Kokate who was other eye witness. The trial court has disbelieved the recovery of the stick by the applicant and also the blood stained clothes. The statement of this witness also has been recorded after the lapse of almost 5 days. No test identification parade was held by the prosecution. 5. In view of the aforesaid position, in my view, the applicant is entitled to be released on bail. 6. The applicant be released on bal in the sum of Rs.5000/- with one or two sureties in the like amount. The applicant shall report to Hatkanangle Police Station once in a month. - 3 - 7. The application is disposed of. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)