1 BA 1516-2011 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1516 OF 2011 Shrikant Eknath Pagare & anr. .Applicants V/s. The State of Maharashtra .Respondent Mr.Nandakumar J. Magar with Mr.Jaydeep Pande, Advocate, for the Applicants Mr.J.P.Kharge, APP, for the Respondent - State CORAM : R.C.CHAVAN, J. DATE : 27TH SEPTEMBER, 2011 P.C. . Heard the learned Counsel for the respective parties. This is an application for bail by the applicants, who are alleged to have beaten up the victim by an iron rod and stones at a house in Laxminagar, Taluka Kopargaon, District Ahmednagar. According to the FIR, the father of the victim was informed on 12th August, 2010 by Jalindar Karbhari Somase that the victim was lying in an injured condition at Pimpalgaon Jalal, Taluka Yeola, District Nashik. The victim's father went there and the victim narrated the incident to him stating that he was beaten up by the two 2 BA 1516-2011 applicants. The victim died as a result of injuries sustained by him. On the report by the victim's father, an offence was registered at Yeola Police Station, District Nashik, unmindful of the fact that beating actually took place at Kopargaon. The investigating officer completed the investigation, filed a report and the learned Additional Sessions Judge, Niphad seems to have also commenced the trial. The spot panchanama clearly shows that the incident took place at Laxminagar, Taluka Kopargaon, District Ahmednagar. In any case, this is not relevant for deciding the present application. Since there is oral dying declaration and also an eye witness to the incident, who had seen the victim being beaten up by the two applicants, the applicants are not entitled to bail. 2. Criminal Application stands rejected. (R.C.CHAVAN, J.) 3 BA 1516-2011