spb/- 1 appa396-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 396 OF 2011 IN CRIMINAL APPEAL NO. 478 OF 2010 Rohit @ Chikya Prakash Nikam & Anr. ... Applicants. V/s. The State of Maharashtra ... Respondents. --- Mr. A. P. Mundargi, Senior Counsel i/by P.G. Sarda for the Applicants. Mr. Y.S. Shinde, APP for the State. ----- CORAM : P. V. HARDAS & M.N.GILANI,JJ. DATE : 27TH APRIL, 2011. P.C. 1 This is an application by the applicants who were original accused nos. 4 and 5 and who stand convicted for the offence punishable under sections 134, 147, 148, 302 r/w. 149, 324 r/w. 149 of the Indian Penal Code by the Adhoc Additional Sessions Judge, Solapur by judgment dated 04.06.2010. 2 The entire prosecution case revolves around the evidence of PW-2 - Vijay, who is a complainant, PW-3-Sunil and PW-4 Somnath who are said to be the eye witnesses. PW-2 Vijay states in his evidence that the knife blows were dealt with to the deceased as well as to him by the original accused nos. 1 and 3 and the original accused no. 2 had dealt with an iron scale, while injuries were caused by iron built steel by the original spb/- 2 appa396-11.sxw accused no. 6. Though PW-2 Vijay claims his acquaintance with the present applicants i.e. the original accused nos. 4 and 5, PW-2 Vijay neither named these applicants in the first information report nor attributed any overact to them in his evidence. PW-3 Sunil, an eye witness to the incident also deposed on the same lines as that of PW-2 Vijay except that he attributes injuries being caused to the deceased by the present applicants by fist and kick blows. PW-4 Somnath also deposed in respect of the use of only iron scale and iron stool by the original accused nos. 1 and 3, accused no.2 and accused no.6 respectively and attributes fist and kick blows to the present applicants. In the cross- examination an omission has been elicited that he had not stated in the previous statement that the present applicants i.e. original accused nos. 4 and 5 had dealt with fists and kicks blows. 3 In the light of the fact that the witnesses universally attribute injuries being caused by the fists and kicks blows to the present applicants, we are inclined to allow this application. The applicants are said to not to have been on bail during the trial. The apprehension of the prosecution that the accused are likely to flee and may not be available at the time of hearing of the appeal can be allayed by imposing higher sureties and imposing stringent conditions which would ensure availability of the present applicants during hearing of the appeal. 4 Accordingly this bail application is allowed and the substantive sentence of imprisonment of the accused nos. 4 and 5 is suspended and the accused nos. 4 and 5 be released on bail of each of the applicants furnishing a personal bond in the sum of Rs. 25,000/- with one or two spb/- 3 appa396-11.sxw solvent sureties in the like amount to the satisfaction of the trial court with a condition that the present applicants i.e. original accused nos. 4 and 5 shall attend the Foujadar Chawadi Police Station, Solapur once in three months on first Saturday of the quarter between 8 a.m. to 10 a.m.. 5 Application is allowed accordingly on the aforesaid terms. 6 Registry to issue authenticated copies of this order to the parties to act upon. [M.N.GILANI,J.] [P.V. HARDAS, J.] .....