IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO. 1282/2009 [ Rajesh Shankarrao Darshanlal & 3 others ..vs.. State of Mah.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : S.R.DONGAONKAR, J. DATE : 18 th JUNE, 2009 Heard Shri Dharaskar, Advocate, for the applicants and Shri Thakare, APP, for Respondent State who has opposed this bail application. The main accused against whom the allegations of fatal assault on the deceased has been made is Suraj Darshanlal. He has not applied for bail. According to the learned counsel for the applicant, there are no allegations against the present applicantd for causing assault on the deceased by any of the weapon. Further, according to him, the P.M.Report discloses only one serious injury that can be attributed to knife and consequently to the accused Suraj Darshanlal. According to him, there was no assault by any of these applicants on the deceased. It was Suraj Darshanlal who had allegedly brought the knife from the house and gave fatal blow to the deceased. Learned APP could not point out any material injury caused by the applicants to the deceased. No doubt, the allegations against the applicants are that they had beaten the deceased and thereafter the main accused Suraj Darshanlal had been to his house and brought knife and assaulted the deceased, which caused his death. Fact remains that there are no serious allegations of assault against of the applicants. The applicants are in jail since 1st January, 2008. The application of the applicant no.1 was rejected on 24.12.2008 and also of applicant Nos. 2 & 3 earlier. Disposal of the sessions trial does not seem to be in sight, though the learned Additional Sessions Judge has reported that the said trial would be completed within six months. This report was dated 22.4.2009. It is stated that after 30.4.2009, there is no further progress in the said sessions trial. In fact, fresh programme is to be issued for recording evidence etc. In these circumstances, the applicant would be entitled for bail, however, subject to conditions. Each of the applicants be released on bail on furnishing surety and P.R.Bond of Rs. 15,000/- subject to conditions that they shall report at Police Station Frezerpura, Distt. Amravati, on every Sunday between 11 a.m. & 12 noon, untill further orders and shall not directly or indirectly tamper with the prosecution evidence and shall keep themselves away from the prosecution witnesses. Bail in trial Court. Liberty to the prosecution to move for cancellation of bail if the circumstances so warrant. Hamdast granted. Application disposed of. JUDGE Rvjalit