1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL APPLICATION NO.5369 OF 2010 Tambi @ Shivprasad Venkatesh Rao Sanket Nandkishor Rane ...Applicants. v. The State ...Respondents. Mr. H.S.Deshpande, adv. For the Applicants. Smt.R.V.Newton, APP for the Respondent/State. CORAM : J.H. BHATIA, J. DATED : JANUARY 10, 2011. P.C. 1 Applicants, who are the accused in Crime No.380 of 2009 registered at Kapurbavadi police station for the offences punishable under Sections 364, 302, 201, 149 I.P.C. have filed this application for bail. 2 Heard the learned counsel for the applicant and the learned APP. Perused copies of the police papers, which are filed with the charge-sheet. Prosecution case in brief is that, on 23.12.2009 at about 6.30 p.m., four persons namely, Vasim, Kamlesh, Sunny and Nilesh forcibly abducted one Anand. At that time all these four persons were armed with sickles, swords, kookery, etc. They took Anand near R.P.I. Office and there Munna, Kamlesh, Vasim, Ranju, Sanket and Tambi were present. They began to beat said Anand with kicks and fist blows. At that 2 time, Munna was drinking beer. He broke the beer bottle and with broken bottle, he assaulted on the head of Anand. Thereafter said Munna lifted one stick and gave forceful blow on the leg of Anand. Due to the injuries suffered on the head, Anand died. He had also suffered fracture of the leg bone. Report was lodged by Sugandha Manjrekar, mother of Anand on the basis of information received by her and offence came to be registered. P.M. Report reveals that he had suffered in all 31 injuries on different parts of the body. Cause of death was fracture of skull and congestional brain. These injuries could be attributed to accused Munna. 3 Sunny and Nilesh, who were present at the time of abduction of Anand were released on bail by the trial Court on the ground that they were not shown to be present at the time of beating. On perusal of the statements of several witnesses, which were present at the time of incident of the actual beating, it appears that while several persons including present applicants Tambi and Sanket had participated in beating with fist blows and kicks, there is nothing to show that these two applicants were armed with any weapon or they had used any weapon. As stated above when these persons were beating with fists and kick blows. Munna abruptly broke the beer bottle and assaulted on the head and then he assaulted with stick. Taking into consideration the 3 above facts and circumstances and the role played by the present applicants, they deserve to be granted bail. 4 Therefore, applicants be released on their executing PR of Rs.15,000/- each with surety in the like amount and shall not tamper the prosecution evidence and shall report at Kapurbavadi police station on every Sunday between 9 to 11 a.m. till the end of trial. (J.H. BHATIA,J.)