1 BA-1070.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.1070 OF 2011 {For Bail} Baliram @ Tikya Tanaji Bhusale .... Applicant Vs. State of Maharashtra .... Respondent Shri Debajyoti Talukdar for the Applicant. Ms M.R. Tidke, APP, for the State. CORAM: R.C. CHAVAN, J. DATED: SEPTEMBER 15, 2011 P.C: This is an application for bail by a person who was present when three other co- accused assaulted one Ashwin with swords leading to Ashwin's death. The learned trial Judge rejected the application of the present applicant observing that the applicant should have known that his colleagues were armed with swords and were going to attack Ashwin. The FIR shows that Ashwin and two others were proceeding on a motorcycle and Ashwin suddenly asked to halt because he wanted to eat gutka and then the accused persons are alleged to have come on three motorcycles. Thus, it does 2 BA-1070.11 not appear that there was any preplanned encounter. In any case, the role attributed to the present applicant is only of beating Ganesh and Suraj Jagtap by fists and kicks. Considering the role attributed to the applicant, since investigation is complete and charge-sheet has already been filed, the applicant's being in custody pending the trial may not be necessary. The applicant be, therefore, released on bail in C.R. No.26 of 2011 of Loni Kalbhor Police Station, Pune on his furnishing P.R. Bond in the sum of Rs. 50,000/- with one or more solvent sureties in the sum aggregating to Rs.50,000/-. The application accordingly stands disposed of. (R.C. CHAVAN, J.)