1 1 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3755 OF 2008 Laxman Hash Gondhali and Ors. .. Applicants. Vs. State of Maharashtra .. Respondent. Mr.Shreekant V.Gavand for the applicants. Mr.K.V.Saste A.P.P. for the State. Mr.Ashish Sawant i/b V.R.Raje for the complainant. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 25TH NOVEMBER, 2008. DATED : 25TH NOVEMBER, 2008. DATED : 25TH NOVEMBER, 2008. P.C.: . Heard learned counsel for the applicant and complainant and learned A.P.P. for the State. 2. The applicants are seeking bail in C.R.No.I-127 of 2008 of Taloja police station. The said crime has been registered against the applicants for having allegedly committed an offence punishable under sections 302, 326, 504 r/w 34 of the IPC. 3. It is the prosecution case that all the three applicants on account of some dispute over laying a slab of the house of the accused under construction, assaulted the complainant - Arun, his father - Dharma and his mother - Raghubai on 4.6.2008. The father of the complainant succumbed to the injuries on 2 2 2 19.6.2008. From perusal of the injury certificate it appears that Dharma sustained two injuries whereas Arun and his mother sustained one injury each. Only one injury sustained by Dharma is described as grievous in the certificate and that appears to be the cause of death. From perusal of the statement of the complainant and other eye witnesses it appears that applicant No.1 - Laxman Gondhali and applicant No.2 - Prashant Gondhali assaulted the deceased with iron rod on his head. Both the injuries sustained by the deceased are on head. At this stage Mr.Gavand, learned counsel for the applicant submitted that he may be allowed to withdraw this application on behalf of applicant nos.1 and 2. Insofar as applicant No.3 - Rakesh Gondhali is concerned, he allegedly assaulted the deceased with knife. However, there is no corresponding injury sustained either by the deceased or by other victims. Having considered overall facts and circumstances of the case I am inclined to enlarge applicant no.3 - Rakesh Gondhali on bail. Hence the following order: . Applicant No.3 - Rakesh Gondhali to be released on bail in the sum of Rs.25,000/- with one or two sureties of the like amount subject to condition that the applicant shall report to the concerned police station on every Saturday between 7 and 8 pm 3 3 3 till conclusion of the trial. . The application filed by applicant No.1 - Laxman Gondhali and applicant No.2 - Prashant Gondhali is rejected as withdrawn. . The trial is expedited. If the trial does not commence within six months from the date of receipt of this order, applicant nos.1 and 2 shall have a liberty to apply for bail afresh. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case without being influenced by the observations made in this order. (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)