1 pdp IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO. 487 OF 2009 IN CRIMINAL APPEAL NO. 1020 OF 2008 Yogesh Ishwar Pai ..Applicant Vs. The State of Maharashtra ..Respondent Mr. Shirish Gupte, Senior Advocate with Mr. Abhay Ostwal and Ms. Nirmala Bhosale i/by V.N. Associates for applicant. Smt.V.R. Bhosale, APP for State. CORAM: B.H.MARLAPALLE & SMT. ROSHAN DALVI, JJ. August 26, 2009. P.C. 1. We have heard Mr. Gupte, the learned Senior Counsel i/by V.N. Associates for the applicant – accused no.2, who prays for being released on bail during the pendency of Criminal Appeal No. 1020 of 2008. 2. Two accused were put on trial in Sessions Case No. 210 of 2007. As per the case of the prosecution, on the date of the incident i.e. 26/11/2006 the deceased Lokan @ Munna Yadav, aged about 18 years was a servant boy in the house of the accused and he was taken to the Harkisandas Hospital by Sudesh Pai at about 6.30 p.m. in injured condition. The doctor found that Lokan Yadav had received injuries on his abdomen and the information given by the doctor was that he inflicted self injuries by knife in an 2 attempt to commit suicide. Said Sudesh Pai was the brother of accused no.2, the present applicant and before the trial could commence in Sessions Case No. 210 of 2007, he died. The prosecution examined in all 13 witnesses and most of the neighbour witnesses were turned hostile. Some of the witnesses were Dr. Bhagwat, Honorary Surgeon, Dr. Chavan, who conducted post mortem, Dr. Sandeep More, who had initially examined the deceased and there was one expert by name Dr. Malini – PW 13 and she came from Bangalore. She had administered the Narco test on accused nos.1 and 2 between the period from 5/12/2006 to 7/12/2006. Exhibits 71 and 72 were the reports of Narco analysis placed before the trial court in respect of both the accused and as per PW 13 – Dr. Malini, it was revealed during the Narco analysis test that the deceased was assaulted by accused no.1 and Sudesh Pai who was staying on the upper floor. The narco analysis test further indicated that as per accused no.1, deceased Munna had tried to go close to her while she was in bed along with her child in the afternoon and she had got enraged and called her brother-in-law from the upper floor and both of them had assaulted the deceased. It is not necessary for us to deliberate on merits at this stage and what we have recorded is as per the prosecution case. As per Exh. 72, the applicant – accused no.2 had helped accused no.1 in washing the floor of the house where the blood of Munna had fallen after he received injuries. Prima facie the involvement of accused no.2 in inflicting assault on the deceased is doubtful. 3. Hence, we are satisfied that the applicant – accused no.2 deserves to be released on bail by suspending the order of sentence under Section 389 of Cr.P.C. 4. In the premises, this application is allowed and it is directed that the applicant – 3 accused no.2 be released on bail on furnishing PR bond in the sum of Rs.25,000/- and one surety in the like amount. In addition, the applicant is directed to report to the D.B. Marg Police Station once in a week, preferably on every Saturday or Sunday and if he has any passport he shall surrender the same to the said police station. (SMT. ROSHAN DALVI,J.) (B.H.MARLAPALLE,J.)