BA-679-11.sxw 1 Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.679 OF 2011 John Joseph Ghonsalves & Ors. ... Applicants V/s. The State of Maharashtra, Thru' Manickpur Police Station ... Respondent Mr. M.S. Mohite for the Applicants. Mrs. R.V. Newton, APP, for the Respondent. CORAM:- A.M. THIPSAY, J. DATED :- 4 TH JULY, 2011. P.C. : 1. Heard. 2. I have gone through the F.I.R. and the copy of the Charge-Sheet, that is annexed to the Bail Application. Undoubtedly, the Applicants-accused have assaulted the victim causing several fracture injuries to him. However, there is substance in the contention of the learned Advocate for the Applicants that none of the injuries are on the vital parts of the body of the victim. He also submitted that though a revolver is stated to be with one of the offenders, that revolver has not been used. The substance of his contentions is that, prima facie, the intention of knowledge requisite for the commission of offence of murder cannot be attributed to the Applicants. BA-679-11.sxw 2 Dixit 3. Without going into the question as to whether the offence allegedly committed by the Applicants can be said to be one punishable under Section 307 of the IPC, it may be observed that the Applicants are in custody since last more than six months. The health condition of the injured is stated to be good, at present. The other accused in the case have been released on bail. One of the accused, who is supposed to be the main accused, is stated to have died. 4. Mr. Mohite, the learned Advocate for the Applicants, submitted that the Applicants shall abide by any conditions which this Court may think appropriate to impose upon the Applicants while releasing them on bail. 5. Considering all the relevant aspects of the matter, I am inclined to grant one opportunity to the Applicants of availing of liberty, subject to certain conditions. 6. The Bail Application is allowed. 7. The Applicants are ordered to be released on bail in the sum of Rs.50,000/- each, with one surety in like amount, on the condition that they shall report to the Manickpur Police Station, everyday between 10:00 a.m. to 1:00 p.m., for a period of one year from today, unless the trial of the case against them is over before that. [A.M. THIPSAY, J.]