1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 726 OF 2009 IN CRIMINAL APPEAL NO. 735 OF 2009 Sudam Shankar Baswat & Ors. ...Applicants (Orig.Accused Nos.1 to 4 and 6) vs. The State of Maharashtra ...Respondent Mr.Prakash Naik for the Applicants. Mrs.R.V. Newton, APP for the State. CORAM : V.M. KANADE, J. DATED : MARCH 15, 2010 P.C. :- 1 Heard Counsel for the applicant and APP for the State. 2 The applicants are convicted by the trial court for the offence punishable under Section 304 2 Part II and sentenced to suffer R.I. for 7 years. The applicants are in jail since 17th February, 2009 i.e. almost for a period of one year. The alleged incident took place over non-payment of their wages by the deceased. It is alleged that the applicants assaulted deceased with sticks and iron rods and death was caused due to fracture of ribs which in turn caused lacerated wound to the liver. 3 Counsel for the applicant submitted that the appeal is not likely to come up immediately in the near future. Secondly, it is submitted that the applicants have good case on merits since there are number of discrepancies in the statements. 4 There is some substance in the submission made by the learned Counsel for the applicants. I have perused the impugned judgment and statements of witnesses. The panchanama in respect of recovery has been disbelieved by the trial court. There is some discrepancy in the statement of the two witnesses. 3 The applicants, therefore, under these circumstances deserve to be released on bail. 5 The applicants be released on bail in the sum of Rs.5000/- each with one or two sureties in the like amount. 6 The application is disposed of. (V.M. KANADE, J.)