1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 743 OF 2009 1. Namdev Bhikaji Gaikwad 2. Kundalik Nagnath Gaikwad ..... Applicants. V/s The State of Maharashtra ...... Respondent. ----- Mr. J. Mane for the applicants. Mr. S.R. Shinde, APP for the State. ----- CORAM : V.M. KANADE, J. DATE : 18th February, 2009 P.C:- 1. Heard the learned Counsel for the applicants and the learned APP for the State. 2. An offence has been registered against the applicants under section 302, 323 read with section 34 of the Indian Penal Code. Prosecution case is that the deceased, admittedly, was intoxicated and was under the influence of liquor and was abusing every one on the street. It is the case of the applicants that he, however, met with an accident and the applicant No.1 took him to the hospital. A complaint, however, was lodged after six days from the said incident by the sister of the deceased and, thereafter, statements of eye witnesses have been recorded. One of the eye witnesses has stated that one of the applicants had 2 assaulted the deceased and had forcibly thrown him on the road twice. 3. It is an admitted position that the applicant No.1 had taken the deceased to the hospital and has also informed his sister about this fact. Charge-sheet has been filed. Taking into consideration the defence of the accused and the fact that there is delay in filing FIR, possibility of eye witnesses improving their statement cannot be ruled out. 4. Hence, under these circumstances, applicants be released on bail in C.R. No.425 of 2008 of Mohol Police Station in the sum of Rs 5000/- each with one or two sureties in the like amount. Applicants shall report to the concerned Police Station once in a month. 5. Application is disposed of. (V.M. KANADE, J.)