1 IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL APPLICATION (BAIL) NO. 327 AND 328 OF 2008. CRIMINAL APPLICATION (BAIL) 327 OF 2008. Vinod alias Vithoba Narayan Naik, Son of Mr. Narayan Naik, Aged35 years, married, service, r/o. House No.96, Sonarbhat-Borim, Ponda, Goa. .... Applicant. Versus State (Through Ponda Police Station) ..... Respondent. Mr. S. D. Lotlikar, Senior Advocate with Mr. Ryan Menezes, Advocate for the applicant. Ms. W. Coutinho, Public Prosecutor for the respondent. WITH CRIMINAL APPLICATION (BAIL) 328 OF 2008. Vinay Narayan Naik, Son of Mr. Narayan Naik, Aged 37 years, married, service, r/o. House No.96, Sonarbhat-Borim .... Applicant. Versus State (Through Ponda Police Station) ..... Respondent. Mr. S. D. Lotlikar, Senior Advocate with Mr. Ryan Menezes, Advocate for the applicant. 2 Ms. W. Coutinho, Public Prosecutor for the respondent. CORAM :- C. L. PANGARKAR, J. DATE :- 6 th January, 2009. ORAL ORDER : 1. Heard Mr.Lotlikar, learned Senior Counsel for the applicants and Ms Coutinho, learned Public Prosecutor for the respondent. These two applications filed by the applicants, are being disposed of by a common order. 2. The applicants/ accused have been charged for having committed offences punishable under Sections 326, 323, 504 read with Section 34 of Indian Penal Code. 3. One Sudhakar Borkar has filed a complaint alleging that on 5.30 p.m., he and his brother Anil, were assaulted by the accused persons along with their wives with iron rod, fist blows and they also used pick-axe. Upon submission of the said report, offence came to be registered by Ponda Police Station being Crime No.212/2008. The accused/ applicants moved an application before the Court of Sessions and the Court of Sessions rejected the application holding that there was evidence of five witnesses available and the offence is of very serious 3 nature. The matter was heard initially by this Court. It was brought to the notice of the Court that one Sudhakar, who had lodged the report with the police, died in the hospital and the prosecution wanted to place viscera report in respect of the cause of the death of said Sudhakar. The order was withheld by this Court on 24.12.2008. Even today, the learned Public Prosecutor for the State, is unable to place before the Court the report on the viscera analysis. 4. The offence under Section 326 is not punishable with death. The investigation is already over and the co-accused have already been released by the Court. The accused are permanent resident of Sonarbhat, Ponda, Goa. Since they are permanent resident of Sonarbhat, Ponda, Goa, they can make themselves available in the Court at the time of trial. In the circumstances, I see no impediment in releasing the accused on bail. 5. Each of the accused/ applicant be released on bail on his executing a personal bond of Rs.25,000/- with one surety in the like amount. The accused shall not tamper with the prosecution witnesses and shall not leave their village without intimation to the police station. They shall report to the Ponda Police Station every Sunday between 9.00 a.m. to 11.00 a.m. Bail to be furnished before the Session Judge. 4 6. Authenticated copy of this order, be furnished to the parties. C. L. PANGARKAR, J. SMA