1 BA-1463.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.1463 OF 2011 {For Bail} 1. Sanket Dilip Kadam 2. Samir Maruti Salunkhe .... Applicants Vs. The State of Maharashtra .... Respondent S/Shri A.P. Mundargi, Senior Counsel i/b Ganesh Bhujbal for the Applicants. Ms A.A. Mane, APP, for the State. CORAM: R.C. CHAVAN, J. DATED: OCTOBER 11, 2011 P.C: 1. This is an application for bail by two persons who are alleged to have obstructed a suspected thief when he was being chased by two boys from the village. A mob was following the suspect. The mob was armed with bamboos, wooden sticks, baseball bat, etc., and the mob started beating the suspect with whatever they had in their hands. The sole eye-witness Rajendra Raghunath Kadam states in his statement recorded on 10-8-2011 in respect of an incident dated 17-6-2011 that the two applicants took bamboos from the hands of somebody in the mob 2 BA-1463.11 and then they too beat the victim till the victim died. 2. The notes of the post-mortem examination show that the victim died due to haemorrhagic shock due to multiple injuries over the body. Though the assault is said to have been launched by the mob and the applicants with bamboos, wooden sticks, etc., curiously there are five to six incise wounds on the victim. 3. The learned counsel for the applicants submits that the victim was already being chased by a mob as a suspected thief and the applicants, even according to the eye-witness' account, merely came to obstruct him from the opposite side and then at worst snatched bamboos from the hands of somebody from the mob and joined in the assault on the victim. He submits that no intention to cause death of the victim could be attributed to the applicants even if the allegations in the statement of the eye-witness are taken for their face value. 4. Investigation is complete and charge- sheet has already been filed. Considering the nature of the evidence collected, the 3 BA-1463.11 applicants' being in custody pending trial may not be necessary. The applicants be, therefore, released on bail in C.R. No.87 of 2011 of Taloja Police Station, Taluka Panvel, District Raigad on their furnishing P.R. Bonds in the sum of `25,000/- each with one or more solvent sureties in the sum aggregating to `25,000/- per applicant. The application accordingly stands disposed of. (R.C. CHAVAN, J.)