1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1359 OF 2010 Baliram Jagu Rathod and another. ..Applicants V/s The State of Maharashtra ..Respondent ..... Mr.S.J.Salunke, Advocate for applicants Mr.S.G. Nandedkar, APP for respondent ..... (CORAM : SHRIHARI P. DAVARE,J.) DATE : 22nd April, 2010. PER COURT : 1. Heard Mr.S.J.Salunke, learned counsel for applicants and Mr.S.G. Nandedkar, learned A.P.P. for respondent. 2. This is an application preferred by applicants seeking bail in connection with C.R. No.I-43/2009 registered with police station Hadgaon, Dist.Nanded for the offences punishable under Sections 302, 323, 504, 147, 148, 149 of Indian Penal Code and 3(1)(x) of the Scheduled Castes and Scheduled Tribes 2 (Prevention of Atrocities) Act,1989, since applicant nos.1 and 2 were arrested thereunder on 11.06.2009 and 12.06.2009 respectively and they are under judicial custody presently. 3. It appears that offence has been registered on the basis of report lodged by one Sunil Prabhu Dhage on 11.06.2009 i.e. son of victim namely Prabhu Dhage, wherein the allegations have been made that on 10.06.2009 at about 9.30 p.m. the incident of assault upon the victim took place at the hands of the applicants and other co-accused persons and the victim namely Prabhu Dhage sustained various injuries more particularly the head injury and victim expired on the spot in the field itself. 4. It appears from the said complaint that the allegations against applicants herein are that applicant no.1-Baliram Jagu Rathod was present on the spot and assaulted the victim by stick and leg kicks and fist blows and not beyond that. Learned counsel for applicants further canvased that other co-accused persons namely Babu Gaju Rathod, Parasram Chavan, Raju 3 Parasram Chavan have been enlarged on bail, and therefore, prayed that applicant nos.1 and 2 be enlarged on bail. It is also canvased that name of applicant no.2 namely Sunil Surasing Jadhav has not been reflected in F.I.R. and no specific role or overt act is attributed to him, and therefore, submitted that he also be enlarged on bail. 5. Learned A.P.P. for respondent conceded to the aforesaid position. 6. In the light of aforesaid facts, applicants have made out case for grant of bail. Moreover, applicants are in custody since last almost about 10 months and the investigation has been completed and charge sheet has also been filed, therefore, there is no propriety in keeping applicants in custody furthermore. 7. In the result, present application is allowed and it is directed that applicant nos.1 and 2 be released on bail under C.R. No.I-43/2009 registered with police station Hadgaon, Dist.Nanded for the 4 offences punishable under Sections 302, 323, 504, 147, 148, 149 of Indian Penal Code and 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, on furnishing surety in the sum of Rs.15,000/- each and on executing the P.R. bond in the like amount by each of them, on the following conditions : (a) Applicant nos.1 and 2 shall attend the concerned Police Station as and when required on given written intimation. (b) Applicant nos.1 and 2 shall not tamper with prosecution evidence and/or shall not influence upon the prosecution witnesses directly or indirectly. (SHRIHARI P. DAVARE) JUDGE gas/cri1359.10