1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1219 OF 2009 1.Lalman Paltanram Jaiswal .. 2.Deepchand Kumar Paltanram Jaiswal .. Applicants. Vs. State of Maharashtra .. Respondents. Mr.Harshad Palwe for the applicants. Mrs.P.P.Shinde A.P.P. for the State. Coram: D.B. BHOSALE, J. Dated : 18th June, 2009 P.C. Heard learned counsel for the applicant and learned A.P.P. for the State. 2. The applicants are seeking bail in C.R.No.364 of 2008 of Ghatkopar Police Station, Mumbai. . The said crime has been registered against the applicants and others for having allegedly committed an offence punishable under sections 302 r/w 34 of IPC. 3. I have perused the FIR. The complainant is an eye witness to the incident. The incident was also witnessed by some other persons. Their statements are also on record. From the statements of the eye witnesses it appears that there was sudden fight in which the present applicants allegedly assaulted the deceased – Suresh with fist and kick blows. Mr.Palwe, 2 learned counsel for the applicants submitted that looking to manner in which the incident occurred it cannot be said that it was premeditated act and there was intention to kill the deceased – Suresh. I find force in the submissions of the learned counsel for the applicant. From the facts of the case it is clear that it was not premeditated attack on the deceased and it was a sudden fight, in which both the applicants assaulted the deceased with fist and kick blows. The deceased was drunk at the relevant time. The investigation is complete and the charge- sheet has also been filed. The trial is likely to take long time. In the circumstances, continued detention of the applicants, in my opinion, is not necessary. Hence the following order: Applicants to be released on bail in the sum of Rs.5,000/- each with one or two sureties to make up the said amount, subject to the condition that the applicants shall report to the concerned police station on every alternate Saturday between 6 pm and 7 pm till conclusion of the trial. While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case uninfluenced by the observations made in this order. Application is disposed of. (D. B. Bhosale, J.)