1 BA 1596-2011 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1596 OF 2011 1. Babusha Baburao Langhe .Applicants 2. Pravin Babusha Langhe V/s. The State of Maharashtra .Respondent Mr.A.P.Mundargi, Sr.Counsel with Mr.Chinmay Bhosale, for the Applicants Mrs.A.A.Mane, APP, for the Respondent - State Mr.V.B.Tapkir, Advocate, for the Complainant CORAM : R.C.CHAVAN, J. DATE : 13TH OCTOBER, 2011 P.C. . Heard the learned Counsel for the respective parties. 2. This is an application for bail by the two applicants in connection with C.R.No.128 of 2011 for the offences punishable under Sections 302, 307, 143, 147, 148, 149, 323, 504, 506 of the Indian Penal Code registered with Shirur Police Station, District Pune, who are alleged to have participated in an assault 2 BA 1596-2011 on one Ananda with hockey stick and stick. The F.I.R. as well as the statements of eye witnesses show that the two applicants hit the victim on head, neck, chest, abdomen, private parts etc. This incident occurred on 1st May, 2011 at 10:30 a.m. The victim was taken to K.E.M. Hospital. He died there at about 9:00 p.m. on 2nd May, 2011. At the same time the F.I.R. was given. Notes of postmortem examination show that there was only one surface wound : abrasion over right side of nose. On dissection, it was found that there was haematoma under scalp but no fracture. There was some subdural haemorohage present over left cerebral hemisphere at the base of brain. All the organs were intact. There was no injury. The learned Counsel for the applicants, therefore, submits that the injuries noticed in the postmortem examination would contradict the version in the FIR about the nature of assault. Considering the genesis of the incident, the nature of 3 BA 1596-2011 assault, the nature of injuries observed in the postmortem examination as well as the fact that investigation is complete and charge sheet has been filed, applicant's being in custody pending the trial may not be necessary. The apprehension of the learned Counsel for the first informant about the applicants' intimidating the witnesses would be taken care by imposing suitable conditions. Incidently, the investigating officer has for the reasons best known to him annexed papers of treatment from Pune Hospital & Reserch Centre which show that the victim was taking treatment for some psychiatric disorder over a long period of time since 1993. Considering all this, Criminal Application is allowed. Applicants be released on bail on their furnishing P.R.Bond of Rs.50,000/- each with one or more solvent sureties in the aggregate sum of Rs.50,000/- on the condition that the applicants shall scrupulously keep themselves away from the prosecution witnesses till the 4 BA 1596-2011 trial is over. The applicants shall also report at the Shirur Police Station, District Pune on the 1st Sunday of the month between 10:00 a.m. and 1:00 p.m.. 3. Criminal Application stands disposed of. (R.C.CHAVAN, J.)