IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO.1151 OF 2008 APPLICATION NO.1151 OF 2008 APPLICATION NO.1151 OF 2008 (FOR (FOR (FOR BAIL) BAIL) BAIL) IN IN IN CRIMINAL CRIMINAL CRIMINAL APPEAL NO.1077 OF 2008 APPEAL NO.1077 OF 2008 APPEAL NO.1077 OF 2008 Suresh Dattatraya Patil & Ors. .. Applicants Versus The State of Maharashtra .. Respondent Mr.Shekhar Ingawale for the Applicants. Dr.F.R.Shaikh, A.P.P. for the State. CORAM: S.B.MHASE & A.A.SAYED, JJ. DATED: 25TH NOVEMBER, 2008. P.C. : . Heard. 2. This is a bail application for accused Nos. 1 and 2. The cause of death was shock due to cranio cerebral injury and these injuries must have been caused by stick blows and that is injury No.7 i.e. C.L.W. over forehead. The evidence shows that all the accused were armed with the lathis. There are several other injuries. Some injuries are not on vital parts of the body, however some of them are on vital parts of the body. The cause of vital injury : 2 : is not reflected from the evidence brought on record. Therefore, prima facie, at this stage we cannot hold that Applicant Nos. 1 and 2 i.e. accused Nos. 1 and 2 are responsible for the said injury. Both the accused were granted bail. During the trial they did not misuse the liberty granted by the Court and, therefore, we are inclined to grant them bail. Therefore, we suspend the sentence of accused nos. 1 and 2 under section 389 of the Cr.P.C. and release Applicant Nos.1 and 2 on bail. Appellant Nos. 1 and 2, original accused nos. 1 and 2 be released on bail of Rs.10,000/- each with like surety of each of them. 3. The Application is, accordingly, disposed of. [A.A.SAYED, [A.A.SAYED, [A.A.SAYED, J.] J.] J.] [S.B. [S.B. [S.B. MHASE, J.] MHASE, J.] MHASE, J.]