( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.150 OF 2009 (FOR BAIL) CRIMINAL APPLICATION NO.150 OF 2009 (FOR BAIL) CRIMINAL APPLICATION NO.150 OF 2009 (FOR BAIL) IN IN IN CRIMINAL APPEAL NO.136 OF 2009 CRIMINAL APPEAL NO.136 OF 2009 CRIMINAL APPEAL NO.136 OF 2009 Khalid Abdul Raheman Khan & 4 Ors. .. Applicants (Appellants) V/s The State of Maharashtra Through Killa Police Station, Malegaon .. Respondent Ms.Deepa Sawant with Mr.C.G.Gavnekar for the Applicants. Mr.Y.S.Shinde, APP for the State. CORAM : CORAM : CORAM : A.S.OKA, J. A.S.OKA, J. A.S.OKA, J. DATE : 13TH FEBRUARY, 2009. DATE : 13TH FEBRUARY, 2009. DATE : 13TH FEBRUARY, 2009. P.C. P.C. P.C. 1. Heard learned Advocate for the Applicants and the learned A.P.P.for the State. The Applicants have been convicted for the offence punishable under Sections 143, 147, 148 and 304(I) read with Section 143 of the Indian Penal Code. The Applicants are acquitted of various other offences including the offence under section 302 of the Indian Penal Code and section 135 of the Bombay Police Act. The Applicants were on bail during the pendency of the trial. 2. According to the case of the prosecution the Applicants alongwith the deceased Maqbool Hasan were residing in the locality of Siddharth Nagar, Malegaon. On 13th October, 2003 in the afternoon, the Applicants arrived in the vicinity of the house of the deceased for the purpose of playing the game of cricket. It appears that the deceased raised objection to the Applicants ( 2 ) playing game of cricket. Annoyed by the objection raised by the deceased, the Applicants assaulted the deceased by using the cricket bat, stumps, iron pipe etc. The deceased was seriously injured and was taken to the hospital. The Doctor advised that the deceased should be taken to Dhule, and on the way of Dhule, the deceased appears to have expired. 3. The opposition of the learned APP to the prayer for grant of bail is on the ground that the deceased sustained serious injuries due to assault by the applicants which resulted in the death of the deceased. He pointed out that there is pending case against the Applicant No.4 for offence punishable under Section 324 of the Indian Penal Code. He submitted that looking to the gravity of the offence and considering the fact that the applicants are held to be guilty of the offence punishable u/s.304(I) of the IPC, the applicants are not entitled to be enlarged on bail. 4. The learned Counsel for the Appicant has taken me through the notes of evidence and the impugned judgment. Apart from merits, she pointed out that the Applicants are young persons who were on bail during the trial. She also pointed out that the Applicant No.4 is getting married on 18th February, 2009. 5. Perusal of the evidence shows that except the widow ( 3 ) of the deceased, no other alleged eye witness including the son of the deceased has supported the prosecution. In the statement of widow of the deceased (PW 3), she appears to have made various improvements in her testimony before the Court. She stated that the first applicant assaulted the deceased by a stick, second applicant assaulted the deceased by using cricket bat, third applicant assaulted the deceased by using stumps and fourth applicant assaulted the deceased by using iron pipe. She stated that the Applicant No.5 gave fist blows to the deceased. It appears that in her statement before the police she has not attributed any specific role to the applicants. PW 6 Dr.Bapu Pandit Bawiskar who performed post mortem stated that in the intestine of the deceased extensive quantity of liquor was found. This fact is also mentioned in the post mortem notes. PW 8, Investigating Officer has admitted in the evidence that during the investigation he came to know that the deceased was addicted to liquor and was a weak bodied person. He admitted that he had not sent stumps and bat to Chemical Analyser. 6. Learned Counsel for the Applicants has produced for my perusal an order of the learned Magistrate by which the 4th Applicant was acquitted on the basis of permission granted under Section 320 (2) of the Code of Criminal Procedure 1973. ( 4 ) 7. It appears from the record that at the relevant time, the deceased was under the influence of liquor. He raised an objection to the Applicants playing the game of cricket in the vicinity of his house. The applicants are in the age group of 26 to 34. They were enlarged on bail during the pendency of the trial and there is no allegation of misuse of bail against them. Hence, pending the appeal, they are entitled to be enlarged on bail subject to certain stringent conditions. 8. Hence, the Application is disposed of by passing the following order:- (i) The Applicants shall be enlarged on bail in the sum of Rs.10,000/- each with one or two sureties in the like amount. (ii) Bail is granted subject to the condition that the Applicants shall report to the Officer Incharge of Killa Police Station, Malegaon, District Nashik on every first and third saturday of every calender month till the disposal of the Appeal. (iii) It is pointed out that the Applicant No.4 is getting married on 18th February, 2009. Therefore, the Applicant No.4 shall be enlarged on cash bail of Rs.10,000/- subject to the condition of furnishing sureties within a period of four weeks from the date of his release. (A.S.OKA J.) (A.S.OKA J.) (A.S.OKA J.)