-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO. 2130/2009 ( Kailash Gulabrao Kharat and another .vrs. State of Maharashtra ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --------------------------------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -------- - - - - - - - - - - - - - - - - - - - -------------------------------------------------------------- - -- CORAM : S.R.DONGAONKAR, J. DATE : 25 th JUNE, 2009 Heard Shri M.P. Kariya, the learned Counsel for the applicant and Shri Sonare, the learned A.P.P. for respondent State. This is an application under Section 439 of Criminal Procedure Code for grant of bail. The FIR seems to have been lodged by one Ashrubha Namdeo Kharat. He has stated in the FIR that the applicants were quarreling with his son Vijay. When the altercation was going on, applicant Kailash inflicted scissor blow in the chest of his son Vijay and thereafter ran away. Said Vijay then fell unconscious and later on was taken to the hospital, however, he was declared dead. On perusal of the contents of FIR, it appears that the main allegations are against the applicant no.1 Kailash. The allegations against the applicant no.2 Suresh are as regards quarrel only. It appears that the applicant no.2 is sought to be made liable for the offence with the aid of Section 34 of Indian Penal Code. -2- In these circumstances, applicant no.1 Kailash is not entitled for bail, whereas the applicant no.2 Suresh Ramchandra Chandore, can be released on bail, however, subject to certain conditions. Applicant no. 2 - Suresh Ramchandra Chandore be released on bail on his furnishing solvent survey and P.T. Bond in the sum of Rs. 15000/- subject to condition that he shall attend the trial regularly, and shall not directly or indirectly tamper with the prosecution evidence. Bail in Trial Court. The application of applicant no.1 be treated as dismissed. JUDGE Rgd