1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 349 OF 2009 1. Shri Lahu Santosh Sonawane 2. Shri Pintu @ Shravan Santosh Sonawane ..... Applicants. V/s The State of Maharashtra ...... Respondent ----- Mr. Rameshwar Gite for the applicants. Mr. D.P. Adsule, APP for the State. ------ CORAM : V.M. KANADE, J. DATE : 3rd February, 2009 P.C.:- 1. Heard the learned Counsel for the applicants and the learned APP for the State. 2. Applicants are seeking bail in C.R. No.I-12 of 2006 registered at Pimpalgaon Police Station, District Nashik for the offence punishable under sections 302, 323, 504 and 506 read with section 34 of the Indian Penal code. Allegation against the present applicants is that they had assaulted the deceased with kick blows, fist blows and also with stone. The deceased was admitted in the hospital where she died after 51 days. The postmortem, however, was not performed and, as such, the cause of death has not been brought on record. The co-accused has been released on bail by this Court by an order dated 19/11/2008 passed in 2 Criminal Application No.3197 of 2008. 3. In my view, applicants are entitled to get bail on the ground of parity particularly because the cause of death has not been brought on record. No opinion has been given by any doctor regarding cause of death. 4. Applicants be released on bail in C.R. No.I-12 of 2007 in the sum of Rs 5000/- each with one or two sureties in the like amount on the condition that they will report to the concerned Police Station every alternative Saturday between 7.00 p.m. & 8.00 p.m. till disposal of the criminal case. 5. It is clarified that the Trial Court shall not be influenced by the observations made by this Court in this order while deciding the application of the applicant for granting bail and the Trial Court shall decide the criminal case on its own merits and in accordance with law. 6. Application is disposed of. (V.M. KANADE, J.)