MP 1 BA1774_11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1774 OF 2011 1. Popat Shankar Marne 2. Hiraman Namdev Marne ... Applicants Versus The State of Maharashtra ... Respondent Mr.H.V. Bhadbhade, Advocate for the Applicant. Mr.Y.M. Nakhwa, APP for the Respondent State. Mr. Amol Joshi, Advocate for the original complainant. CORAM : J. H. BHATIA, J. DATE : 29TH NOVEMBER 2011 P. C. : The applicants seek to be released on bail in crime No.186 of 2010 registered with Paud Police Station, Pune for the offences punishable under Sections 143, 147, 148, 302 r/w. Section 149 of the Indian Penal Code. 2. Prosecution case, in brief, is that one Sanjay @ Pintya, who is brother of accused Nos.1, 2 and 3 was murdered. Accused Nos.1 to 3 had suspicion that Balasaheb Marne, who is son of Madhav Marne, was involved in commission of that murder and was supporting the accused persons. Because of this, from time to time, they had given threats. On 24.10.2010, in the night when Balasaheb was going towards his house after parking his vehicle near Grampanchayat office, fifteen persons came out and there was shouting “mara yala”. The present applicants were also amongst them. Some of those persons were armed with swords, sickles, choppers, etc. and they assaulted and killed Balasaheb. F.I.R. of the offence was lodged by Madhav Marne, who is father of the deceased Balasaheb and the offence came to be registered against all the fifteen persons. MP 2 BA1774_11 3. Though presence of the present applicants namely Popat Marne and Hiraman Marne is shown in the F.I.R. as well as in the statements of some of the witnesses, neither they were shown to be armed with any weapons nor there is any allegation that they had assaulted the deceased. As such, though they were present in the mob, no role is attributed to them. 4. Therefore, both the applicants be released on their executing P.R. of Rs.15,000/- each with one surety in like amount on condition that they shall not tamper with the prosecution evidence. (J. H. BHATIA, J)