1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2625 OF 2009 Sakharam Namdev Chandanshive .. Applicant. Vs. State of Maharashtra .. Respondents. WITH CRIMINAL APPLICATION NO.2626 OF 2009 1. Dnynoba Dhondi Chandanshive .. 2. Ananda Dhondi Chandanshive .. Applicants. Vs. State of Maharashtra .. Respondents. Mr.G.A.Karmalkar and Mr.G.A.Hegade for the applicants. Mr.S.S.Pednekar A.P.P. for the State. Coram: D.B. BHOSALE, J. Dated : 25TH June, 2009 P.C. Heard learned counsel for the applicants and learned A.P.P. for the State. 2. Applicants in these two applications are seeking bail in C.R.No.3 of 2009 of Akluj Police Station, District Solapur. The crime has been registered against the applicants and three 2 others for having allegedly committed an offence punishable under sections 302, 147, 148, 149, 504 of IPC and under section 135 of Bombay Police Act. 3. The prosecution case, in short, is that the applicants and three others committed murder of Shyamrao Chandanshive on 8.1.2009 at about 3.30 pm. Insofar as the applicants are concerned, it is alleged that the applicants - Dnynoba Dhondi Chandanshive and Ananda Dhondi Chandanshive held the deceased when the applicant - Sakharam Namdev Chandanshive alongwith Sachin Shrirang Chandanshive assaulted the deceased with kick blows. Thereafter it is alleged that Tanaji Namdev Chandanshive assaulted the deceased on his head with axe while Shrirang Namdev Chandanshive assaulted the deceased with axe on his chest. I perused the post mortem notes. The deceased sustained only two injuries, one on the head and other on the chest and he died of cardio respiratory arrest due to shock and due to poly trauma. It is thus clear that the applicants, though were present and allegedly played some role, but definitely are not the authors of fatal injuries. In the circumstances I am inclined to enlarge them on bail. Hence the following order: The applicants in both the applications be released on bail in the sum of Rs.10,000/- each with one or two sureties to make up the said amount, subject to the condition that they 3 shall report to the concerned police station on every alternate Saturday between 6 pm and 7 pm for a period of three months and thereafter on first Saturday of every month between 6 pm and 7 pm till conclusion of the trial. While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case uninfluenced by the observations made in this order. Application is disposed of. (D. B. Bhosale, J.)