IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO. 582/2009 (Mohan Gomaji Sahare vs. State of Maharashtra) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- 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 : 15 th APRIL, 2009 CRI.APPLICATION NO.583/2009 & 584/2009 Heard Shri Tiwari, Advocate, for the applicant. It is stated that the accused is in jail. So filing of the affidavit, filing of certified copy of the impugned order and filing of the copy of the F.I.R. are presently disposed with. Applications dispensed of. CRI.APPLICATION NO. 582/2009 Heard Shri Tiwari, Advocate, for the applicant and Shri Thakare, APP, for respondent State. This is an application under Section 439 of Cr.P.C. for grant of bail. The applicant along with other 3 accused are being prosecuted for the offence punishable under Sections 302, 506 r/w 34 of the I.P.C. on the allegations that on the day of incident, the other accused had fatally assaulted the deceased Shankar Sahare by knife and axes. It is the allegations of the prosecution that this accused came immediately thereafter and hit the deceased by iron rod. The post mortem report is perused. Although there appears to be a brain injury on the deceased; the corresponding external injury by iron rod does not clearly seems to be appearing in P.M notes. From the statement of the eye- witnesses, show that there is general allegation that this accused had hit the deceased by iron rod after he was given knife and axe blows by the other accused. The age of the applicant/accused seems to be 60 years. The other accused have not applied for bail so far. It prima facie appears that deceased might have died due to injuries inflicted by the other accused. In these circumstances, applicant would be entitled for bail. However, subject to conditions. The applicant be released on bail on furnishing surety and P.R.Bond of Rs. 25,000/- subject to conditions that he shall attend the trial regularly and shall not directly or indirectly tamper with the prosecution evidence and shall not commit any offence in future. Bail in trial Court. Application disposed of. It is made clear that the above observations are prima facie view of the matter and shall not influence the learned trial Judge while deciding the matter on merits. Hamdast granted. JUDGE Rvjalit