MP 1 BA1533_11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1533 OF 2011 Rajan Bharat Jadhav ... Applicant Versus The State of Maharashtra ... Respondent Mr. R. D. Suryawanshi Advocate for the Applicant. Mr. Y. S. Shinde, APP for the Respondent State. CORAM : J. H. BHATIA, J. DATE : 18TH NOVEMBER 2011 P. C. : The applicant, a boy aged about 19 years, seeks to be released on bail in crime No.14 of 2011 registered at Dombivali Police Station for the offences punishable under Sections 302, 452 r/w. Section 34 of the Indian Penal Code. 2. Prosecution case, in brief, is that on 12.01.2011 at about 09.30 p.m., deceased Yogesh went to the terrace of the house of one Ashok Jadhav where Kajal Bharat Jadhav, a girl aged about 13 years and some other children were playing. The deceased first threatened and abused them. At that time, the present applicant, who is brother of the said Kajal, and their maternal uncle Nitin pacified said Yogesh and asked him to go away. After some time, Yogesh began to abuse in front of the house of the uncle of the present applicant. Thereafter, the present applicant and his maternal uncle Nitin went to the house of Yogesh. They slapped Yogesh and took him to the terrace of the building where some scuffle took place. As per the F.I.R. lodged by Smt.Sushma, the mother of the deceased, Nitin had caught hold of the neck of said Yogesh and pushed him down from the third floor of the building due to which he fell down and died. The F.I.R. also does not show that the present applicant had pushed said Yogesh from the third floor. His role was restricted only to scuffle and slapping the deceased. MP 2 BA1533_11 3. In view of the above, the applicant be released on his executing P.R. of Rs.15,000/- with one surety in like amount with a condition that he shall not tamper with the prosecution evidence. (J. H. BHATIA, J)