1 BA-1641-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 1641 OF 2011 Sagar Chandrakant Warpe ... Applicant vs. The State of Maharashtra .. Respondent Mr. V.S.Jagdale,Advocate, for the applicant. Mr.Y.M.Nakhwa, APP for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 24th November, 2011. P.C. 1. The applicant, who is accused No.4 in Crime No.72/2011 registered with Vishram Baug Police Station, Pune under Sec. 143, 147,148 302, 307,324, 323, 338 and 337 read with Sec.149 of IPC and under the Arms Act, seeks to be released on bail. 2. Prosecution case, in brief, is that on 18.3.2010, a quarrel took place between the two groups. Accused No.1 Chandrakant assaulted with a sword on the left leg of Mahesh. Due to the said injury and profuse bleeding, Mahesh collapsed on the ground. First informant Santosh tried to intervene. At that time, applicant Sagar, who is son of Chandrakant assaulted Santosh with a sword. After 2 BA-1641-11.sxw the incident, the injured persons were taken to hospital. Mahesh was declared dead. 3. There are in all four accused in the case. Accused Nos. 2 and 3 are already granted bail. The applicant is accused No.4. According to prosecution, he had assaulted first informant Santosh with a sword. However, there is no material to support this allegation. The FIR also shows that accused No.1 Chandrakant alone had given one blow with sword on the left thigh of the deceased and due to profuse bleeding, he died. P.M. report does not show any other injury on the person of the deceased. Thus, according to the prosecution also the present applicant had not assaulted or given any blow to the deceased. 4. In view of the above, the applicant be released on his executing P.R. of Rs.15,000/- with a surety in the like amount with condition that he shall not tamper with the prosecution evidence. (J.H.BHATIA,J.)