1 BA-1454.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.1454 OF 2011 {For Bail} 1. Nareshkumar Sitaram Jonder 2. Azhad Rampalsingh Rohila .... Applicants Vs. State of Maharashtra .... Respondent Shri M.K. Kocharekar for the Applicants. Ms S.D. Shinde, APP, for the State. CORAM: R.C. CHAVAN, J. DATED: OCTOBER 14, 2011 P.C: 1. This is an application for bail by two of the three persons who are alleged to have assaulted a drunk driver of a truck who had parked his truck in a parking lot and was playing music loudly which possibly irritated the applicants and others. The applicants and the third accused person are alleged to have pulled the victim from the cabin and given him thrashing. One of the accused persons is alleged to have pushed the victim on the back- side of the truck which led to an injury to his head. This incident occurred on the night of 20-4-2011. The police were informed and the 2 BA-1454.11 police picked up the victim, who was lying injured in a drunken condition. He was admitted to KEM Hospital. At that time the complicity of the applicants was not disclosed by anyone. After the victim died on 2-5-2011, three witnesses came forward to state that the applicants and the third accused had assaulted the victim. 2. The injuries noticed by the hospital were the victim was admitted show a contused lacerated wound on the scalp and two abrasions and a contused lacerated wound on elbow. The cause of death certified in the notes of post- mortem examination is paralysis of vital centres of brain stem due to ascending edema of spinal cord due to blunt trauma to head and neck. There was, however, no fracture anywhere. 3. Considering the genesis of the incident and the nature of the injuries sustained by the victim as also the role attributed to the applicants, more than ten days after the incident, the applicants being in custody pending trial in this case in which investigation is complete and charge-sheet has been filed may not be necessary. 3 BA-1454.11 4. In view of the above, the applicants be released on bail in C.R. No.60 of 2011 of Kalachowki Police Station, Mumbai on their furnishing P.R. Bonds in the sum of `50,000/- each with one or more solvent sureties in the sum aggregating to `50,000/- per applicant on the condition that the applicants shall report at the police station concerned on the first Sunday of every month in between 10:00 a.m. and 1:00 p.m. till the trial is over. 5. The application accordingly stands disposed of. (R.C. CHAVAN, J.)