IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH: NAGPUR CRIMINAL APPLICATION NO.740/2008 Nana Khewale & 9 ..vs.. State =================================== CORAM: S.R. DONGAONKAR, J. DATE:19.3.2008 Heard Atul Pande, Advocate for the applicants and Mr. Thakre, A.P.P. for state. This is an application under section 439 of Cr.P.C. for grant of bail in respect of offence vide crime No.98/2007 registered by P.S.O. Samudrapur for the offences under sections 143, 147, 148, 149, 302 of IPC r/w 35 of Bombay Prohibition Act. It is pointed out by the learned counsel for the applicants that this Court has released some of the accused on bail on the ground that they were only present and the prosecution has no allegation of any specific overt act in the commission of offence against them. Learned A.P.P. is unable to point out that the case of the present applicants is distinguishable with the case of the applicants in the earlier cases who have been released on bail. No overt act on the part of the applicants in the incident, is pointed out. Hence, each of the applicants be released on bail, on furnishing surety and PRB of Rs.15000/- each, subject to condition that he shall not directly or indirectly tamper with the prosecution evidence. Bail in trial court. Application stands disposed of. JUDGE smp.