1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI.APPLICATION NO.1881 OF 2009 Vitthal Maruti Dhamal .. Applicant Vs State of Maharashtra .. Respondent Mr. Vishwajit Patil, Advocate for the Applicant. Mr. K.V.Saste, APP, for the Respondent. CORAM : D.B.BHOSALE, J. DATE : 16/06/2009 PC: 1. Heard learned counsel for the applicant and learned APP for the respondent. 2. The applicant is seeking bail in C.R.No.100 of 2008 of Khandala Police Station, Satara. The said crime has been registered against the applicant for having allegedly committed an offence punishable under sections 302,143,144,149 of IPC. 4. It is the prosecution case that the present applicant and four others allegedly assaulted the deceased-Prakash on 17.9.2008 at 10.30 am by means of gupti and wooden log/stick. T 2 Insofar as the applicant is concerned, he allegedly assaulted the deceased with wooden log. Mr Patil, learned counsel for the applicant, at the outset, submitted that the applicant is entitled for bail on parity with one Dnyaneshwar Keshav Khadasare who also, according to the prosecution, played similar role and who has been granted bail by the Sessions Court. He invited my attention to the statements of all the eye-witnesses including the complainant to contend that in any case the applicant cannot be stated to have inflicted fatal blow. He invited my attention to the post mortem note and submitted that the deceased sustained only three injuries, out of which one was on the chest and the other two were on the left arm. Considering the cause of death, namely, “death due to injury to vital organ”, it is clear that the fatal blow was given by the main accused Dattatraya Dhamal. According to the statements of all the eye-witnesses, Dattatraya Dhamal assaulted the deceased with gupti on his chest and left arm. The third injury is also on the left arm. Insofar as Dnyaneshwar Khadasare is concerned, he also was armed with stick and he assaulted the deceased with the stick. Keeping that in view and considering overall facts and circumstances of the case, in my opinion, the applicant deserves to be enlarged on bail. Hence, the following order. Applicant-Vitthal Maruti Dhamal is directed to be 3 enlarged on bail in the sum of Rs.10,000/- with one or two sureties to make up the said amount, subject to condition that the applicant shall report to the concerned police station on first Saturday of every month between 6 and 7 pm till conclusion of the trial. While passing this order, I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case uninfluenced by the observations made in this order. Application is disposed of. (D. B. Bhosale, J.)