1 BA 1271 OF 2011 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1271 OF 2011 1. Sau. Asha Gajanan Kadav, 2. Sau. Jayashree Umesh Kadav .. Applicants. -versus The State of Maharashtra .. Respondent. Mr. P. L. Sapkal, for the applicant. Mrs. P. P. Bhosale, APP for the Respondent State. Mr. J. M. Puranik, for complainant. CORAM: R.C. CHAVAN, J. DATED: 26th September, 2011 P.C. 1. This is an application for bail by family members of the family of accused who are alleged to have participated in an assault which led to death of Tukaram Tamhane. Tukaram Tamhane himself had given F.I.R. in which he stated that Umesh Kadav had hit him by a wooden log on his head and Mayur Kadam had hit him by an axe on his head. Those injuries led to his death. Tukaram also named in the F.I.R. present applicants Asha and Jayashree to be present at the time of incident. Statements of other witnesses belonging to the victim’s family recorded in course of investigation show that the victim was hit by Umesh Kadav and Mayur Kadav. 2 BA 1271 OF 2011 One Lata Tamhane stated that she was hit by two applicants. Injury described in the injury certificate of witness Lata, is, however, not at all serious. Learned APP as well as learned counsel for the victim’s son strongly opposed this application on the ground that the applicants were members of unlawful assembly which perpetrated in a murderous assault on the victim. Learned counsel for the victim’s son submitted that the role attributed to these applicants and that of Umesh Kadav and Mayur Kdav needd not be segregated and there is no case for grant of bail to the two applicants. 2. In the backdrop of family disputes between the applicants’ group and that of victim over the land, and the role which is attributed to the two applicants, it does not appear that the applicants’ being in custody pending trial may be necessary. In view of this application is allowed. The applicants arrested in connection with C.R. No.I-21 of 2011, registered at Kulgaon Police Station, District: Thane, be released on bail on their furnished P.R. Bonds in the sum of Rs. 25,000/- by each of them, with one or more solvent sureties in the sum aggregating to Rs.25,000/- for each of them. 3. The application stands disposed of accordingly. (R. C. CHAVAN, J.)