( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.463 OF 2008 CRIMINAL APPLICATION NO.463 OF 2008 CRIMINAL APPLICATION NO.463 OF 2008 Shri Balasaheb Bhikaji Salgar .. Applicant. Versus The State of Maharashtra .. Respondent. Mr.S.U.Dhakephalkar for the applicant. Ms.A.T.Javeri, A.P.P. for the State. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. DATED : 25th April, 2008. DATED : 25th April, 2008. DATED : 25th April, 2008. P.C.: P.C.: P.C.: 1. Heard learned Advocate Mr.S.U.Dhakephalkar for the applicant and Ms.A.T.Javeri, A.P.P. for State. 2. The petitioner is arrested in C.R.No.335 of 2007 under Section 302 of the Indian Penal Code and other related offences of Mohol police station. The incident is of 15.9.2007 wherein the present petitioner and co-accused Netaji indulged in violence and according to the prosecution the present petitioner is alleged to have assaulted Sandipan-deceased old man aged about 60 years with the handle of the axe as stated by FIR complainant ( 2 ) Sindhubai. Mirabai, an eye witness states that the present petitioner assaulted Sandipan with "Bundha" of the axe whereas Shivaji speaks of assault with the help of "Danda" of the axe. Dadarao speaks of assault with the help of "Danda" of Kurhad. All this will clearly go to show that the iron portion of the axe was not used by the petitioner and the Post-Mortem report goes to show that Sandipan suffered head injuries and died of head injuries. 3. Co-accused Netaji, who has alleged to have assaulted Sandipan with stick has been granted bail by the learned Additional Sessions Judge Solapur. 4. Request for bail was pressed contending that the petitioner had not assaulted Sandipan with the axe but with the "Danda" of the axe and if Netaji has been released on bail, who has alleged to have assaulted with the stick, the role of the present petitioner is practically that of Netaji and as such the present petitioner is also entitled to bail. 5. Since two persons had assaulted Sandipan, one at the same time and both of them are alleged to have assaulted with the wooden Danda / Stick as the case may be, it would be difficult to attribute a specific injury to a specific assault and as such I am inclined ( 3 ) to observe that the petitioner has made out a case for bail. Of course, he will have to be put to terms as regards attendance etc. For the reasons mentioned aforesaid, I pass the following order :- a) The bail application of the petitioner is granted in C.R.No.335 of 2007 of Mohol Police Station. b) It is hereby ordered that the petitioner be released on bail in the sum of Rs.25,000/- with one surety in the like amount. Petitioner to execute P.R.Bond in the sum of Rs.25,000/-. c) Petitioner to report to the concerned police station on every 2nd Saturday between 11.00 a.m. and 5.00 p.m. till the evidence of eye witnesses in the sessions case is over. 6. Application stands disposed off accordingly in the above terms. (R.Y. GANOO, J.) (R.Y. GANOO, J.) (R.Y. GANOO, J.)