IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1020 OF 2009 Rahul Raosaheb Ingavale ...Applicant Vs. The State of Maharashtra ... Respondent --- Shri Shekhar A. Ingawale for Applicant Shri S.S. Pednekar, APP for State ---- CORAM: V.M. KANADE J. DATED 16TH MARCH, 2009 P.C. 1. Heard the learned Counsel appearing on behalf of the Applicant and the Learned APP for the State. 2. The Applicant has been arrested in connection with an offence punishable under sections 302, 307, 323 r/w. 34 of the Indian Penal Code. The Applicant was arrested on 21st September, 2008. 3. The prosecution case is that there was enmity between two groups of the Complainant and the group in which the Applicant was one of the member. 4. The prosecution case is that Ganpati procession was proceeding for immersion of Ganpati idol, at that time the group of the Complainant came behind the group of the Applicant and at that time, the Applicant allegedly pointed out the deceased to his father Raosaheb and,thereafter his father gave an order to assault the deceased. 5. Looking at the FIR and the statement of eye witnesses, the only role attributed to the present Applicant is that he had pointed out the deceased to his father Raosaheb. There is no material on record to indicate that he shared the intention of the persons who have given the order to kill him or to assault or the persons who have actually assaulted the deceased with a knife. It is alleged that a single blow was given by the Accused Uday to the deceased on his chest. The postmortem notes also indicate that the cause of death was a single blow which was inflicted on the chest of the deceased. 6. Taking into consideration the statements of the witnesses and the postmortem notes, in my view, the Applicant deserves to be released on bail in a sum of Rs.10,000/- with one or two sureties in the like amount. The Applicant, however, shall not threaten the prosecution witnesses. The Applicant shall not tamper with the evidence and he shall report to the concerned police station twice in a month for a period of one year and, thereafter, once in a month till the conclusion of the trial. 7. Application is, accordingly, disposed of. V.M. KANADE J.