*1* IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3139/2009 Sachin Dada Salgar and another. ..Applicants ­VERSUS­ The State of Maharashtra. ..Respondent ............... Mr.Ujwal Agandsurve, Advocate for the Applicants. Ms.P.P. Shinde, A.P.P., for the Respondent/State. ............... CORAM: A.P.DESHPANDE, J. Dated 02nd September, 2009. PC:­ 1 This is an application under Section 439 of the Code of Criminal Procedure in connection with Crime No.318/2008 registered with Mohal Police Station, district : Solapur under Sections 302, 307, 324, 323, 336, 337, 504, 506 r/w 34 of the Indian Penal Code. 2 The learned counsel for the Applicants does not press the application to the extent it relates to the Applicant No.1 Sachin. Hence, the present application insofar as the Applicant No.1 Sachin is concerned, the same stands rejected as not pressed. 3 Perusal of the First Information Report reveals that the Complainant resides in a joint family. The Complainant’s uncle has agricultural land adjacent to that of the lands owned by the joint family of the Complainant. On 20.07.2008 at about 6:00 pm in the *2* evening the brother of Complainant by name Dattatraya was watering the agricultural field and at that time, aunt of the Complainant obstructed the flow of water by putting stones. Hence, the brother of Complainant asked her not to do so. At that time, the present Applicants and other co­accused reached the scene of incident and started beating the brother of Complainant. On hearing the commotion, the Complainant and his father also reached the spot. At that time the uncle of Complainant by name Dada Salgar who is co­accused was shouting that all the persons from the Complainant’s side should be killed. The present Applicant No.1 Sachin started throwing the stones. Sachin lifted a big stone and hit the same on the head of father of the Complainant, as a result of which, he fell unconscious on account of bleeding. Sachin snatched the “koyta” from the hands of his mother and assaulted the brother of Complainant by name Dattatraya. The father and the brother of the Complainant were admitted to hospital. Initially the offence under Sections 307, 324, 323, 336, 337, 504, 506 r/w 34 of the Indian Penal Code was registered, however, on account of death of the father of Complainant, Section 302 came to be added. 4 It is clearly stated in the First Information Report by the Complainant who is eyewitness that on account of big stone being hit on the head of his father by the Applicant No.1 Sachin, his father suffered serious injury. The Applicant No.1 Sachin has also assaulted the brother of Complainant by “koyta” on his head. No specific role has been attributed to the present Applicant No.2 Madhukar barring the general statement that the Applicant No.2 as well started beating the persons. None of the major injuries suffered by the *3* deceased or injured Dattatraya is attributable to any overt act on the part of the present Applicant No.2. Hence, the Applicant No.2 is entitled to be released on bail. It would not be out of place to mention here that the Applicant No.2 is in custody since 24.07.2008 i.e. for more than one year. 5 Having regard to totality of the facts and circumstances, I pass the following order:­ (a) The Application of the Applicant No.1 Sachin is rejected as not pressed. (b) The Application for bail of the Applicant No.2 Madhukar is allowed. (c) The Applicant No.2 Madhukar Dada Salgar shall be released on bail on executing a personal bond in a sum of Rs. 10,000/­ with one or two sureties in the like amount. (d) The Applicant No.2 shall attend the concerned Police Station once a week for a period of two months i.e. on every Saturday in between 6:00 to 8:00 pm and thereafter, once a fortnight till the conclusion of trial. (e) The Applicant No.2 shall not tamper with the evidence and shall not contact or pressurize the witnesses. (f) The Application is partly allowed and disposed of accordingly. (A.P. Deshpande, J)