AJAY MADHUSUDAN MUKHARJEE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) An application for modification of the order dated 2.5.2008 passed by this court for granting bail to the appellant-accused in the present appeal brought to the fore core issues in the present appeal.

(2.) The appellant-accused believes that he is having excellent case in the appeal challenging the judgment and order passed by the learned 10th Ad-Hoc Additional Sessions Judge, Sewree, Mumbai convicting the appellant-accused under Section 302 read with Section 34 of IPC, 1860 along with two other co-accused and sentencing them to suffer life imprisonment and to pay a find of Rs.10,000/- each and in default to suffer R.I. for two years each in Sessions Case No.495 of 2006 on 9.11.2006, and, therefore, this court after having appreciated this aspect had released him on bail on 2.5.2008. However, he continue to languish in jail, for his inability to furnish a surety as required and thus could not avail of the bail order. It has been further pointed out that the records and proceedings are available for appreciation of the merits of the present appeal and private paper books have also been prepared and circulated.

(3.) Considering this submission made on behalf of the appellantaccused by the learned counsel Dr. Chaudhry, and we thought it just and necessary to hear the appellant-accused on the merits of the appeal itself, and as such both appeal aw well as the application were taken up for hearing.