[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.3017 OF 2008 Samba Rajam Gogula and two others ..Applicants Vs. The State of Maharashtra ..Respondent ... Mr.Lalchandani Adv. for Mr.L.R.Lalwani Advocate for Applicants Mr.V.B.Konde-Deshmukh APP for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : SEPTEMBER 24, 2008 DATE : SEPTEMBER 24, 2008 DATE : SEPTEMBER 24, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the applicants and the learned A.P.P. for the State. 2. The applicants are seeking bail in CR No.137 of 2008 of Deonar Police Station, Mumbai. The said case is mainly under Section 302 of IPC. 3. Gopinath Jadhav, Suresh and Ambadas are eye witnesses to the incident. The prosecution case is that the deceased came to the shop of applicant no.1 Samba to bring Toddy. A sudden quarrel took place on account of payment of the money for the [-2-] said Toddy. During the course of quarrel, deceased Dilip caught hold of banyan of Samba. On seeing that deceased was not leaving Samba, applicant nos.2 and 3 assaulted Dilip with fist and kick blows. Thereafter, Samba also assaulted Dilip by hand. Dilip fell down and died. The post mortem notes do not show any visible injuries on the body of Dilip. Looking to the role attributed to the applicants and post mortem notes, I am inclined to grant bail. 4. Each of the applicant nos.1 to 3 i.e. applicant no.1-Samba Rajam Gogula, applicant no.2-Mallesh Venkanna Sudavani, and applicant no.3-Laxman Linganna Gadharia be released on bail in the sum of Rs.25,000/- (Rs.twenty five thousand only) each with one or two sureties to make up the said amount. The applicants to report to Deonar Police Station, Mumbai once in a week till conclusion of the trial. 5. Application is disposed of. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]