1 ba 619 of 2011 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.619 OF 2011 Santosh Punekar .. Applicant. -versus The State of Maharashtra .. Respondent. Mr. A. P. Mundargi, Senior Counsel with Mr. N. N. Patil for the applicant. Mrs. S. D. Shinde, APP for the Respondent State. CORAM: R.C. CHAVAN, J. DATED: 16h September, 2011 P.C. 1. This is an application for bail by one Santosh who is alleged to have participated in an assault on Sharad and Bharat Matekar, who died as a result of that assault. Sharad and Bharat Natekar alongwith others had allegedly come to the house of applicant at about 11.40 p.m. in order to sort out some differences which arose in Ganesh Festival. At that time, applicant, co-accused Parmeshwar and Navinchandra Gole are alleged to have assaulted the victims. Though the victims are alleged to be hit by applicant by bamboo, the notes of postmortem examination did not reveal any injury on the persons of Sharad and Bharat which could be attributed to assault by bamboo. Considering the genesis of the incident and nature of assault attributed to the applicant, applicant's 2 ba 619 of 2011 being in custody pending trial may not be necessary since investigation is already complete and chargesheet has been filed. The apprehension of the learned APP as to tampering with the witnesses after being bailed out, would be taken care of by imposing stringent conditions on the applicant. In view of this application is allowed. The applicant cited as accused No.3 in Sessions Case No.29 of 2011, be released on bail on his furnishing P.R. Bond in the sum of Rs.50,000/- with one or more solvent sureties in the aggregate sum of Rs.50,000/- on the condition that the applicant shall attend the police station concerned on first Sunday of the month between 10.00 a.m. to 1.00 p.m. and shall also scrupulously keep himself away from all the prosecution witnesses, till the trial is over. Application stands disposed of. (R. C. CHAVAN, J.)