[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.2574 OF 2008 1. Yashwant Subhash Burgute 2. Shivaji Popat Bhosale ..Applicants Vs. The State of Maharashtra ..Respondent ... Mr.Shirish Gupte senior counsel with Mr.Viresh V.Purwant Advocate for Applicants Mr.H.J.Dedia APP for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : AUGUST 20, 2008 DATE : AUGUST 20, 2008 DATE : AUGUST 20, 2008 P.C. P.C. P.C. 1. Heard the learned senior counsel for the applicants and the learned A.P.P. for the State. 2. The applicants are seeking bail in CR No. 33 of 2008 of Vairag Police Station. The said case is mainly under Section 302 of IPC. 3. The investigation is over and the charge sheet has been filed. The prosecution case is that the deceased was assaulted by fists, kicks and sticks. The cause of death is injury to brain. The material on record shows that both the applicants [-2-] assaulted Rameshwar with fist blows and kick blows. The said assault was not on the head. No role is attributed to the applicants to assault on the head. In this view of the matter, I am inclined to grant bail to the applicants. 4. Each of the applicant nos.1 and 2 i.e. applicant no.1-Yashwant Subhash Burgute and applicant no.2-Shivaji Popat Bhosale be released on bail in the sum of Rs.40,000/- (Rs.forty thousand only) each with one or two sureties to make up the said amount. The applicants shall not enter into village Upale Dumala till conclusion of the trial. The learned counsel for the applicants states that the applicants will reside at Barshi and they will not enter into village Upale Dumala and they will inform the Investigating Agency the address at which the applicants are going to reside during the period that they are on bail. The applicants to report to Barshi police station 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.]