1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2088 OF 2009 1.Laxman s/o Narayan Kamble .. 2.Sharad s/o Laxman Kamble .. 3.Rekha w/o Laxman Kamble .. Applicants. Vs. State of Maharashtra & Anr. .. Respondents. Mr.S.P.Munghate for the applicants. Mrs.P.P.Shinde A.P.P. for the State. Coram: D.B. BHOSALE, J. Dated : 16th June, 2009 P.C. Heard learned counsel for the applicant and learned A.P.P. for the State. 2. The applicants are seeking bail in C.R.No.277 of 2009 of Mangalwedha Police Station, District Solapur. The said crime has been registered against the applicants for having allegedly committed an offence punishable under sections 302, 201, 143, 147, 149 of IPC. 3. It is alleged that the applicants committed murder of one Ankush and threw his dead body in the forest. Applicant Nos.1 and 3 are the husband and wife and applicant no.2 is their son. I have perused the entire material placed on record and more particularly the statement of Jyoti G.Shinde, the sole eye witness to the incident. From her statement it appears that applicant nos.1 and 2 had seen that the deceased had removed the clothes of applicant no.3 and was trying to molest her in their 2 house. As a result thereof they allegedly assaulted the deceased. Applicant No.3 has also made similar extra judicial confession to some of the witnesses including the witness - Rajiv Hanmant More. In view thereof Mr.Munghate, learned counsel for the applicant submitted that even if the allegations against the applicants are taken as true, the assault was a result of a grave and sudden provocation and hence the case would fall within exceptions. Having considered overall facts and circumstances of the case and the manner in which the incident occurred I am inclined to enlarge the applicants on bail. Hence the following order: Applicants to be enlarged on bail in the sum of Rs.5,000/- each with one or two sureties to make up the said amount, subject to condition that applicant nos.1 and 2 shall report to the concerned police station on every Saturday between 6 pm and 7 pm till conclusion of the trial. Applicant No.3 shall report to the concerned police station as and when called. While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case uninfluenced by the observations made in this order. Application is disposed of. (D. B. Bhosale, J.)