1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 5148 OF 2009 Shri Sanjay Pandharinath Patole ...Applicant vs. The State of Maharashtra ...Respondent Mr.R.D. Suryawanshi for the Applicant. Mrs.S.D. Shinde, APP for the State. CORAM : V.M. KANADE, J. DATED : DECEMBER 3, 2009 P.C. :- 1 Heard Counsel for the applicant and APP for the State. 2 The applicant has been arrested in connection with an offence punishable under Section 302 read with 34 of the IPC. 3 It is alleged that the applicant along with 2 three others had assaulted the driver of the truck who was carrying agricultural produce to the market. It is alleged that one witness viz. Cleaner of the truck had seen the accused assaulting the deceased with fist blows and kick blows. The deceased along with cleaner and one other person went to the APMC market, New Bombay and thereafter, a complaint was lodged. The injured was admitted in the hospital, however, he died after sometime. The cleaner has identified the present applicant. Apart from this, there is no other material on record to show the involvement of the present applicant. The other three accused have been released on bail by the Sessions Court. The only allegation against the accused is that they had assaulted him with fist blows and kick blocks. Under these circumstances, therefore, in my view, the applicant deserves to be released on bail. 4 The applicant be released on bail in the sum of Rs.5000/- with one or two sureties in the 3 like amount. He shall report to the concerned police station once in a month. 5 The application is disposed of. (V.M. KANADE, J.)