[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.2723 OF 2008 Dindayal Madanlal Kewat and three others ..Applicants Vs. The State of Maharashtra ..Respondent ... Mr.R.D.Suryawanshi Advocate for Applicants Mr.S.S.Pednekar 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 advocate for the applicants and the learned A.P.P. for the State. 2. The applicant is seeking bail in CR No.I-46 of 2008 of Kalwa Police Station, Thane. The said case is mainly under Section 302 of IPC. 3. On 11.3.2008 the deceased Suraj in an inebriated condition entered into the house of applicants. After entering into the house, deceased urinated in the house of applicant no.1. At that time, only Maina the wife of applicant no.1 was present in the house. Maina informed this fact to her husband on the telephone. Applicant nos.2 and 3 were also residing in the same house but they [-2-] were not present at the time of the incident. Thereafter all the applicants came home and assaulted Suraj by fist and kick blows. Suraj died on 13.3.2008. After his death, FIR came to be lodged. 4. Firstly, the FIR is lodged after three days. Delay in lodging FIR raises serious doubt in the mind regarding the prosecution case. Moreover, the role attributed to the applicants is that they assaulted by fist and kick blows. Looking to this fact and the reason for the assault, I am inclined to grant bail to the applicants. 5. Each of the applicant nos.1 to 4 i.e. applicant no.1-Dindayal Madanlal Kewat, applicant no.2-Omprakash Madanlal Kewat, applicant no.3-Baburam Madanlal Kewat and applicant no.4-Premanth Khajai Kewat be released on bail in the sum of Rs.30,000/- (Rs.thirty thousand only) each with one or two sureties to make up the said amount. The applicant to report to Kalwa Police Station, once in a week till conclusion of the trial. 6. Application is disposed of. [-3-] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]