IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 3433/2007 [Dinesh Devrao Sawde and another vs. State of Mah.] ---------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders. CORAM : S.R.DONGAONKAR, J DATED : 9 th JANUARY, 2008. Heard Shri P.S.Jaiswal, Advocate, for the applicant and Shri Thakare, A.P.P. for respondent State. This is an application under Section 439 of Cr.P.C. for grant of bail. The applicants are arrested for the offence punishable under Section 302 r/w Section 34 of the I.P.C. in Crime No. 355/2007 on the allegations that they had committed murder of one Sahadeo. The case of the applicants is that there were free fight on account of some quarrel in which the applicants and other co-accused have received injuries. In para 6 & 7 of the applicant, the details are made out saying that the applicants and other co-accused received injuries. The co-accused who has received serious injury was also admitted in the Hospital. Thereafter, after noticing the critical condition, he was made to undergo C.T.Scan. the case diary also contains the medical papers of the applicants and the said Nitim for head injury and it is a crystal clear case that it was a counter case, about which the police had maintained the silence. The reply of the respondent is silent on this point. Therefore, facts make out a clear counter case as well as serious injuries caused to applicant no. 2 are apparent. In these circumstances, the bail cannot be denied to the applicants, however, it would be subject to condition. Each of the applicants be released on bail on furnishing surety and P.R.Bond of Rs. 25,000/- subject to condition that the he shall not directly or indirectly tamper with the prosecution evidence. Bail in lower Court. Application stands disposed of. Hamdast granted. JUDGE Rvjalit