1 BAG-1536.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.1536 OF 2011 {For Bail} Jayprakash @ Prakash Vasant Thakur .... Applicant Vs. The State of Maharashtra .... Respondent WITH CRIMINAL APPLICATION NO.1399 OF 2011 {For Bail} 1. Sachin Vitthal Thakur 2. Hareshwar Goma Thakur 3. Mayur Nana Thakur 4. Prasad Narayan Shirke .... Applicants Vs. The State of Maharashtra .... Respondent Shri S.V. Gavand for the Applicants. Ms S.D. Shinde, APP, for the State in both Applications. CORAM: R.C. CHAVAN, J. DATED: OCTOBER 11, 2011 P.C: Leave to amend in Criminal Application No.1399 of 2011. Amendment to be carried out forthwith. 2 BAG-1536.11 2. These are two applications for bail by five persons, one of whom has been named in the FIR and the others in the statements of the witnesses, including the supplementary statement of the first informant. All the witnesses are policemen who had been summoned at the spot because the applicants and other villagers were beating a person whom they suspected to be a thief. The applicants are not alleged to have been armed with any weapon. The person concerned was taken to a hospital but died. The notes of post-mortem examination show multiple bruises all over the body, fracture of nasal bone and fracture of sixth rib on the left side. There was no fracture of the skull. Viscera was preserved and the opinion as to cause of death has been reserved. 3. The learned APP states that the policemen, who are only witnesses in this case, would have no reason to name the applicants if the applicants were not involved in the assault. There can be no doubt that policemen would not ordinarily name wrong persons as miscreants. However, considering the nature of the assault in which the applicants are alleged to have participated, as also the fact that 3 BAG-1536.11 investigation is complete and charge-sheet has been filed, the applicants' being at large is unlikely to prejudice a fair trial. 4. In view of the above, the applicants be released on bail in C.R. No.25 of 2011 of Poynad Police Station, District Raigad on their furnishing P.R. Bonds in the sum of `25,000/- each with one or more solvent sureties in the sum aggregating to `25,000/- per applicant. The applications accordingly stand disposed of. (R.C. CHAVAN, J.)