IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO.1045/2009 (Smt. Kusumbai Bodkhe & 2 others - vs. State of Mah.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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 : 24th APRIL, 2009 Heard Shri Mardikar, Advocate for the applicant and Shri Mandpe, A.P.P. for state. The applicants along with Vasanta i.e. father of respondent no.3, are accused of the offences under section 302, 201, r/w 34 of I.P.C. for coming murder of one Shahaji. The first information shows that when there was quarrel between Shahaji and Vasanta. When the quarrel was intensified, Ravi i.e. applicant no.3, his mother Kusumbai applicant no.1 and Smt. Ashwini, caught hold him and he was given knife blow by Vasanta; the main accused. Because of injuries Shahaji fell down. It appears that thereafter he died. The statement of Ravindra was recorded on 14.10.2008. It shows that these applicants had caught hold deceased Shahaji and they had given blows by kicks and fists. It is further stated that applicant Kusum and applicant Ashvini had tied the hands of Shahaji from backside and Vasanta had given knife blows to Shahaji. Turning to the statement of Kisan, which is placed into service by the prosecution, it appears that there was some scuffle between the accused Vasanta and deceased Shahaji and he left the place because this was usual quarrel. It appears that later on he came to know that deceased had died because of the knife injuries caused by Vasanta. There is no reference of applicant no.1 & 2 or even to Ravi in the said statement. In these circumstances, without expressing anything on merits, it has to be held that they are entitled for bail, as there is no active overt act to hit the said Shahaji by applicants. It is necessary to note that Vasanta main accused has not applied for bail and he is in jail. Each of the applicants be released on bail on furnishing surety and PRB of Rs.15000/- subject to conditions that they shall report to P.S. Risod on first Sunday of every month, till further orders or till the trial is over and shall not directly or indirectly tamper with the prosecution evidence. Bail in trial court. Application stands disposed of. Hamdast granted. It is made clear that above observations are in prima facie view of the matter as such shall not influence the learned trial judge while deciding the matter on merits. JUDGE smp