IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO.425/2009 (Shyamrao Uike & 2 ..vs.. State ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - -- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - -- CORAM : S.R.DONGAONKAR, J. DATE : 9th APRIL, 2009 Heard Shri Bhuibhar, Advocate for applicant and Shri Thakre, A.P.P. for state. This is an application under section 439 of Cr.P.C. for grant of bail. Applicants are accused of the offences punishable under section 302 read with section 34 of I.P.C. in Crime NO.77/2008 of P.S. Maregaon. It is alleged that on 11.10.2008, they had caused injuries to the deceased. It appears that on 11.10.2008 the deceased sustained injuries and was admitted to hospital and he expired on 16.10.2008. Report seems to have been given on 19.12.2008 implicating the present applicants. Learned A.P.P. has opposed this application saying that the applicants and the deceased were last seen together. It does appear that deceased had expired on 16.10.2008, therefore, on 17.10.2008 report was lodged. In that report complainant did not name anybody as an accused. Investigation was going on. Perhaps nothing concrete was discovered, but then applicants seems to have been named as an accused on 19.12.2008 by fresh report. There is no satisfactory explanation for delay. Learned A.P.P. is unable to show as to what investigation was done from 17.10.2008 onwards till when report was lodged and whether anything was found against the present applicants. Report on mere suspicion can not be ruled out. In these circumstances, applicants can not be denied bail, however, it would be subject to conditions. Applicants be released on bail, on each of them furnishing PRB in the sum of Rs.25000/- with one surety to the satisfaction of the trial Judge. Bail shall be subject to conditions that the applicants shall not directly or indirectly tamper with the prosecution evidence and shall attend the trial regularly. Application disposed of . Bail in trial court. JUDGE SMP