1 1 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.3285 OF 2008 1.Abasaheb Baburvan Burgute .. 2.Balasaheb Popat Bhosale .. Applicants. Vs. The State of Maharashtra .. Respondent. Mr.Shirish Gupte with Mr.V.V.Purwant for the applicants. Mr.Y.S.Shinde A.P.P. for the State. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 14TH OCTOBER, 2008. DATED : 14TH OCTOBER, 2008. DATED : 14TH OCTOBER, 2008. P.C.: . Heard Mr.Gupte, learned senior counsel for the applicants and Mr.Shinde, learned A.P.P. for the State. 2. The applicants have prayed for bail in C.R.No.33 of 2008 of Vairag police station, Solapur. The said crime has been registered for an offence punishable under sections 302, 147 to 149, 504 of IPC. 3. Mr.Gupte, learned senior counsel for the applicants at the outset submitted that he has 2 2 2 instructions to withdraw this application on behalf of applicant no.2 and he pressed this application only on behalf of applicant no.1. The application of applicant no.2 is dismissed as withdrawn. 4. Insofar as applicant no.1 is concerned, Mr.Gupte submitted that the only role attributed to him is that he alongwith other accused assaulted the deceased with fist and kick blows. It appears that one Bharat Burgute and Balu Bhosale were armed with sticks and they assaulted the deceased on his head. Insofar as other accused are concerned they allegedly assaulted the deceased with fist and kick blows. The post mortem notes show that the deceased died of cardio respiratory arrest due to injury to vital organ brain. Mr.Gupte submitted that in any case the fatal injury cannot be attributed to applicant no.1. Having considered the submissions of learned senior counsel for applicant no.1 and other material placed before me and more particularly the FIR and post mortem notes I am inclined to enlarge applicant no.1 - Abasaheb Baburvan Burgute on bail. Hence I pass the following order: . The applicant - Abasaheb Baburvan Burgute be enlarged on bail in the sum of Rs.20,000/- with one or 3 3 3 two sureties of the like amount. The applicant shall report to the concerned police station on the first and third Saturday of every month between 10.00 a.m. and 11.00 a.m. till the conclusion of trial. . The trial is expedited. 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 without being influenced by the observations made in the order. (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)