1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.634 OF 2010 1 Dattu Pandit Bankar ) 2 Yashoda Dattu Bankar )..Applicants Vs. The State of Maharashtra )..Respondent ---- Mr. Sagar G. Talekar for the applicants. Mr. Y. S. Shinde APP for the State. ---- Coram : R.S.MOHITE,J Date : 16th April, 2010 PC 1 This is an application for grant of regular bail. The applicants are husband and wife. They are the neighbours of the deceased Ashok. They have been shown as accused in C.R.No.I-206/2009 registered by the Taluka police station, Malegaon for alleged offences under Sections 302, 323, 506 read with 34 of IPC. The incident in question took place on 23.8.2009. On that day, the applicants were cleaning the gutter in front of their house and the deceased came there and took objection. A verbal fight started and the applicant sent his relatives who assaulted Ashok by making him fall down and pressing his leg and neck. On the result of action on the part of the co-accused, Ashok expired. In so far as incident of killing of Ashok is concerned, the present applicants were said to be extorting their relative not to allow him to live. It is possible that offence may be reduced to Section 304 of IPC, depending upon the manner and evidence which emerges. The incident which is appeared to have occurred due to a sudden fight and there appears to be no initial intention of killing the deceased. Taking into account the aforesaid facts and a fact that the 2 applicant was arrested on 23.8.2009 and one of the applicants is a woman, I am inclined to grant bail. It is therefore, directed that pending their trial in connection with C.R.No.I-206/2009 registered by the Taluka Police station, Malegaon, the applicants may be released on bail in the sum of Rs.15,000/- each with one surety each in the like amount subject to the condition that the applicant no.1 reports to the Station House Officer once a week till the conclusion of the trial and both the applicants will remain present before the trial Court on all dates of their trial unless exempted. Yet another condition will be that they will not tamper with the witnesses. Application stands disposed off. (R.S.MOHITE,J) 3