:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO.1409 OF 2008 APPLICATION NO.1409 OF 2008 APPLICATION NO.1409 OF 2008 IN IN IN CRIMINAL CRIMINAL CRIMINAL APPEAL NO. 891 OF 2008 APPEAL NO. 891 OF 2008 APPEAL NO. 891 OF 2008 Babaso Govind Dhulugade and 4 others ..Applicants V/s State of Maharashtra ..Respondent Mr.Amit Sale for the applicants Mrs. M.M. Deshmukh, APP for the State CORAM : S.B.MHASE & A.A. SAYED JJ. DATE : 19TH DECEMBER, 2008 P.C. 1. Heard both sides. 2. This is an bail application filed by the accused Nos. 1 to 5 who have been convicted for life in Sessions Case No.166 of 2006, by the Sessions Judge, Sangli. The incident has taken place because of the trifle issue. The complainant’s one of the brother is mentally affected person and he has pelted stones on tube lights and therefore, there was a complaint, wherein the accused persons were arrested. There was also another complaint in which name of the :2: accused persons were subsequently involved by the complainant and therefore, on the date of incident, in front of the Satavai temple both the parties accosted each other and accused persons have beaten the deceased. However, even though there are 16 injuries, doctor have opined that the injury No.2 which is caused on occipital region is responsible for the death. The evidence does not show who is responsible for the said injury. Therefore, the injury cannot be attributed to the specific accused at this stage though section 34 of IPC is applied. Therefore, we will have to scan whether in view of section 34 of IPC, each of them should have been held responsible for section 302 of IPC but that will be possible only after considering all evidence. At this prima facie stage we find that the injury No.2 on occipital region cannot be attributed to any of the specific accused and thus considering that each of the accused may not be responsible for the said injury, though one of them may be responsible. Giving prima facie benefit of doubt, we are inclined to grant bail. The accused persons were on bail during the trial and they have not mis-utilised the bail. Therefore, sentence under section 389 Cr.P.C. :3: is suspended. The accused/applicants Nos.1 to 5 be released on bail of Rs. 20,000/- each with a like surety by each applicant. ( A.A. SAYED, J.) A.A. SAYED, J.) A.A. SAYED, J.) (S.B. (S.B. (S.B. MHASE, J.) MHASE, J.) MHASE, J.)