Sandeep Ananda Patil And ANR v. The State Of Maharashtra

11-kb-APPA-673-15.doc Ladda

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELALTE JURISDICTION CRIMINAL APPLICATION No. 673 of 2015 IN CRIMINAL APPEL No. 615 of 2015 Sandeep Ananda Patil and Anr ..Applicants/Appellants.

Vs State of Maharashtra ..Respondent.

Mr Umesh Mankapure, Advocate for the Applicants. Mrs P.P. Bhosale APP for the State.

CORAM : A.R.JOSHI,J DATE : 30th JUNE, 2015 P.C. :

Heard learned counsel for the applicants / original accused Nos. 1 and 2. Also heard learned APP for the State. This is an application for bail during the pendency of the appeal. The appeal is already admitted.

The applicants are convicted of the offence punishable under sections 307, 341 r/w 34 of IPC and they are sentenced to suffer RI for five years and one year respectively with some fine amount. During the trial, the applicants were on bail. Allegedly the assault on the injured PW No.7 was on account of rivalry between the parties because of the agricultural land. Injuries sustained by the injured PW 7 were three CLW with fracture of occipital bone. 1/2

11-kb-APPA-673-15.doc Apparently, the injured was in the hospital for about two months under treatment. On this aspect, learned counsel for the applicant pointed out that there is interpolation on the date of discharge and further stated that the injured was not in the hospital for such a longer period and this has not been validly established. He further pointed out towards the answers given by the Medical Officers. During the cross examination to the effect that when the injured was examined by the Medical Officer, he was found in drunken condition. By pointing out this, it is submitted on behalf of the applicants that they can be released on bail considering the prospect of their appeals and no immediate prospect of taking the appeal for final hearing, mainly considering that during the trial they were on bail.

Considering the above circumstances and the effect of the evidence and possibility or otherwise of the appeal to be taken up early, in the opinion of this Court, the present applicants can be released on bail during the pendency of the appeal. Application is allowed. The applicants be released on same bail as granted by the trial Court with fresh bonds to be executed before the trial Court. Bail application is disposed of. Call for R and P.

(A.R.JOSHI, J.) 2/2