1 SNS IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1193 OF 2011 Arun Maruti Kamble ..Applicant. v/s. The State ..Respondent. Mr. S.P.Shinde, adv. for the Applicant. Mr. Y.M.Nakhawa, APP for the respondent/State. CORAM : J.H.BHATIA, J. DATE : 22nd December, 2011 PC : 1 Applicant seeks to be released on bail in crime no.524 of 2010 registered with Ambad police station, Nashik for the offences punishable under sections 302, 323, 326, 504, 506 r/w section 34 IPC. 2 Prosecution case, in brief is that, the present applicant and the three others, namely, Ganesh Bhadane, Ganesh Dongare, Yogesh Mahajan used to speak and behave in obscene manner in front of the house of the deceased Shravan Date. This was objected to and the deceased Sharavan Date went to the house of the accused Ganesh Dongare and asked his mother to control the boys. Being aggrieved by that, on 28.12.2010 at about 1.45 p.m., all the four accused persons went to the house of Shravan Date, called him outside and beat him with sticks due to which he suffered injuries 2 on head and other parts of the body and became unconscious. His wife Vandana also suffered injuries. After the incident they were taken to the hospital. Vandana lodged report with police. Later on, Shravan Date died because of the head injury and section 302 IPC was added. 3 Thus, according to the prosecution, all the four accused persons had beaten the deceased with sticks. The learned counsel for the applicant points out that remaining three other accused persons, namely, Ganesh Dongre, Ganesh Bhadane and Yogesh Mahajan are already released on bail and this is confirmed by the learned APP on instructions. Case against the present applicant cannot be distinguished from the case against the remaining three accused persons, except that a log of wood was seized from the present applicant. In fact, the main assailants were Ganesh Dongre and Ganesh Bhadane, who are already released on bail. 4 Therefore, the applicant be released on his executing PR of Rs. 25,000/- with one or two sureties in the like amount with the condition that he shall not tamper with the prosecution evidence. (J.H.BHATIA, J.)