( 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. 1193 of 2008 (For Bail) Dilip Pandurang Rupnoor and (3 ) Ors..Applicants. Vs. The State of Maharashtra ..Respondent. Mr Ujwal Agandsurve, Advocate for the Applicants. Ms M. H. Mhatre, A.P.P. for the State-Respondent. CORAM : V.C. DAGA, J. CORAM : V.C. DAGA, J. CORAM : V.C. DAGA, J. DATED : 05.05.2008. DATED : 05.05.2008. DATED : 05.05.2008. P.C.:- P.C.:- P.C.:- 1. Heard the learned counsel for the applicants-accused and the learned APP for the State. 2. Perused application and the material available on record. 3. The applicants-accused are seking bail in connection with C.R. No. 31 of 2007 registered with Solapur Taluka Police Station, Solapur for the offences punishable under Sections 302, ( 2 ) 147,148, 149, 504, 506 of the Indian Penal Code. 4. The applicants came to be arrested in connection with the aforesaid offence on 18.6.2007 and 14.8.2007 and they were produced before the learned Magistrate and during the course of remand proceedings, they were enlarged on bail. However, on consideration of application for cancellation of bail the learned J.M.F.C. (Court No. 6) cancelled the bail and issued N.B.W. against the applicants. The Police arrested the applicants on 24.12.2007, since then the applicants are in custody. 5. According to the learned counsel for the applicants, the complainant had sustained some minor injuries in the scuffled at the hands of some other persons on account of fall on stoney wall. Consequently, the complainant was admitted in the Civil Hospital on 24.2.2007 and discharged on 13.3.2007. Thereafter, he became sick. Again he was admitted in the Civil Hospital on 2.4.2007 but he died on 9.4.2007. Thus the death of the complainant was a natural death. During the investigation supplementary statements of Mahadev ( 3 ) Bandgar, Nandkumar Pawar, dattatraya Chavan, Arjun Sabale, Sajjan Patil, Mahadev Deshmukh, Baban Todkar and other witnesses were recorded. Charge sheet has also been filed. The applicants are in custody since 24.12.2007. Nothing is recovered from the applicants. Thus, if the gap between the period of magisterial custody and the date of death of the complainant is taken into account, then applicability of Section 302 of I.P.C. becomes debatable. Since the investigation is over, in my considered view, no useful purpose would be served by keeping the applicants in jail. 6. In the above view of the matter, no useful purpose would be served by keeping the present applicants in jail any further. In my considered view, the applicants are entitled for bail on following terms and conditions. a] The applicants, arrested in connection with C. R. No. 31 of 2007 registered with Solapur taluka Police Station, shall be enlarged on bail in the sum of Rs.25,000/- each with one or two local ( 4 ) sureties to make up the said amount. b] The order of bail will be given effect only after the applicants furnish to the concerned Police Station the details about their place of residence and addresses where they propose to stay after they are enlarged on bail. The applicants will not change their residential addresses thereafter till the conclusion of trial without prior intimation to the said police station. c] The applicants shall not directly or indirectly, make any inducement or threat or pressurise any prosecution witnesses and shall not in any manner tamper with the prosecution evidence. d]The applicants shall co-operate with the Trial Court for disposal of the case. It is needless to mention that breach of any of the conditions by the applicants shall result in cancellation of bail. ( 5 ) e] Any observation made in this order shall not be construed as finding or expression on merits of the case at the time of trial. 7. Application stands disposed of accordingly. (V.C. DAGA,J.) (V.C. DAGA,J.) (V.C. DAGA,J.)