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 CRI.APPLICATION NO. 4170 OF 2008 CRI.APPLICATION NO. 4170 OF 2008 CRI.APPLICATION NO. 4170 OF 2008 1. Vijay Ramesh Adsule, 2. Shambho Mahefat Ukarde, .. Applicants Vs State of Maharashtra, .. Respondent Mr I.B.Sonavane, for the applicants. Mr J.P.Yagnik, APP, for the respondent. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. DATE : 02/12/2008 DATE : 02/12/2008 DATE : 02/12/2008 PC: PC: PC: 1. Heard Mr.Sonavane, learned counsel for the applicants and Mr.Yagnik, learned APP, for the State. 2. The applicants are seeking bail in C.R.No. 127 of 2008 of R.C.F.police station, Chembur. The said crime has been registered against the applicants for having allegedly committed an offence punishable under sections 302 read with 34 of IPC. 3. The prosecution case is that on 17.7.2008 at 10 pm, both the applicants assaulted the deceased -Hussain Shaikh- with a broken bear-bottle and caused serious injuries to the deceased and committed his murder. It appears that after the alleged incident of assault, the applicants also approached the said police station in an injured condition when Sanjay Thakar, a police constable, reduced their complaint in writing. It further appears that the deceased, after the alleged incident, left the scene of offence and his dead body was found in the compound of Oswal company on the next day. There was a scuffle in which the applicants also sustained injuries. The manner in which the incident occurred, it is possible to contend, as submitted by Mr.Sonavane, learned counsel for the applicants, that the case would, at the most, fall under section 304, Part-II of IPC. I would not like to express any opinion at this stage as to whether the provisions of section 304, Part-II are attracted. However, looking to overall facts and circumstances of the case and considering that this is a case of single blow, I am inclined to enlarge the applicants on bail. 4. Applicants - Vijay Ramesh Adsule and Shambho Mahefat Ukarde- to be released on bail in the sum of Rs.25,000/- each, with one or two sureties to make up the said amount, subject to condition that they shall report to the concerned police station every Wednesday and Saturday between 7 and 8 pm for a period of three months and thereafter on every alternate Saturday till conclusion of the trial. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case without being influenced by the observations made in this order. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)