1 Cri-32-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 32 OF 2011 1. Shri Vijay Bhausaheb Mali ) 2. Shri Bhausaheb Rambhau Mali ).. Applicants (Orig.accused Nos.2 & 3) Versus State of Maharasshtra ..Respondent Mr.Dilip Bodake,Advocate, for the applicant. Ms. P.P.Shinde, APP, for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 7th February, 2011. P.C. 1. The applicants, who are accused Nos. 2 and 3 in Crime No.90/2010 registered at Chandwad Police Station, District Nashik under Sections 302, 323,143,147, 148 read with Sec. 149 of IPC, seek to be released on bail. 2. Prosecution case appears to be that on 8.7.2010, at about 4.30 or 5 p.m. the applicant No.1 - Vijay Mali, who is accused No.2, abused Balu Prabhakar Mali and then he went away. Shortly thereafter, he came back along with several other persons. They dragged Balu and began to beat him with hands and fist 2 Cri-32-11.sxw blows. Accused No.1 Suresh gave a blow on his head with a stone and therefore Balu fell down. His father Prabhakar came there to rescue Balu. At that time, Suresh gave a blow with a iron crow bar (Pahar) on the head of Prabhakar due to which Pabhakar fell unconscious. The other accused persons also beat Ruprao, another son of Prabhakar. Prabhakar and both the sons were taken to hospital, where Prabhakar died on the next day. Then the FIR was lodged by his son Ruprao and offence came to be registered. 3. In view of the facts noted above, Suresh alone gave a blow on the head of Prabhakar with iron bar (Pahar). As far as other accused are concerned, they had only beaten with hands and fist blows. In view of the role played by the present applicants, they may be granted bail. 4. The applicants be released on their executing P.R. of Rs.15,000/- each with a surety in the like amount with condition that they shall not tamper with the prosecution evidence. (J.H.BHATIA,J.)