IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH: NAGPUR CRIMINAL APPLICATION NO. 1007/2008 Shankar Raut ..vs.. State ================================= CORAM: S.R. DONGAONKAR,J. DATE:1.4.2008. Heard Mr. Daga, Advocate for the applicant and Mr. Kothari, A.P.P. for state. This is an application under section 439 of Cr.P.C. for grant of bail. Applicant / Accused along with 35 other accused is being prosecuted for the offences punishable u/s 143, 147, 148, 307, 302 r/w 149 of IPC in Crime No.98/2007 of P.S. Samurdrapur. It is pointed out by the learned counsel for the applicant that the other 35 accused in this case have been released on bail and case of one of those accused is similar with that of the present applicant. Learned A.P.P. however, contended that it was the applicant who has given stick blow on the head of the deceased because of which he died. On perusal of the allegations leveled in the counter case, it would be seen that similar allegations are levelled against the complainant. From the report of the applicant, in that case it appears that he was also beaten by those accused. There appears to be counter cases between parties. It is stated that in counter case all the accused have been released on bail. It is true that the allegations against the applicant are that he had given stick blow on the head of the deceased because of which he died. Fact remains that there is debatable question as to who were the aggressors, considering the circumstances of the case. Considering the number of accused involved in the present case and also in the counter case, it is difficult to say that the trial would be concluded within near future. In these circumstances, applicant would be entitled for bail, however subject to conditions. Hence Applicant be released on bail on furnishing surety and PRB of Rs.25000/- subject to conditions that he shall report P.S. Samgrampur on First Sunday of each month between 1.00 to 2.00 p.m. until further orders and shall not commit any offence. Bail in trial court. Application stands disposed of. JUDGE smp.