1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Criminal Application No. 473 of 2010 [Maroti R. Kuhite & ors. Vs. State of Mah.] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. Rahul Ghuge, Adv., for the applicants. Mrs. K. Joshi, APP for respondent. ----- CORAM : A.H. JOSHI, J. DATE : 26 nd March, 2010. 1. This is an application for grant of pre-arrest bail to three accused persons. 2. Out of the total thirteen accused persons involved in the crime, one person died during investigation, and two, namely Raju and Sanjay have been released on bail. Female accused, who are six in number, are also released on bail. 3. The present three applicants are named in the First Information Report, and have applied for anticipatory bail. 2 4. Heard both the sides. Perused the case diary and Affidavit-in-Reply filed by the State. 5. It is seen that the Injury Certificate indicates injury of 7 cms x 1.2 cms x 1.1/2 cms. by a hard and sharp weapon on the parietal region, which exposes the skull bone. 6. The role attributable to the present applicants-accused persons is of beating the complainant by them, and not towards the injury by a sharp and hard weapon. Said injury is not attributable to the applicants. 7. The role attributed to all the accused together is of threatening, cutting hands and legs, and throwing the victim into the well. 8. In this background, accepting everything stated by the prosecution to be true and correct at this stage, the role of the present applicants does not involve them in the offence under Section 326 of Indian Penal Code. The role played by these applicants is very limited. 9. In these premises, the applicants are entitled to the relief sought by them. 10. In the result, applicants be released on anticipatory bail in the event of their 3 arrest on furnishing a Personal Bond and a Solvent Surety in a sum of Rs.5,000-00 [rupees five thousand only] each. 11. The applicants are directed to remain present before the Investigating Officer between 9-00 a.m., and 1.30 p.m., from 5th to 9th April, 2010, and thereafter as and when required by the Investigating Officer. 12. Application is disposed of. Judge |Hedau|