1 1 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4334 OF 2008 Ambaligam Harijan & Anr. .. Applicants. Vs. State of Maharashtra .. Respondent. Mr.Prakash Naik for the applicants. Ms.A.T.Javeri A.P.P. for the State. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 11TH DECEMBER, 2008. DATED : 11TH DECEMBER, 2008. DATED : 11TH DECEMBER, 2008. P.C.: . Heard learned counsel for the applicant and learned A.P.P. for the State. 2. The applicants are seeking bail in C.R.No.108 of 2008 of Sewree police station, Mumbai. The said crime has been registered against the applicants and three others for having allegedly committed an offence punishable under sections 302, 323, 324 r/w 34 of IPC. 3. The incident of assault occured on 13.7.2008 at 11.30 am. It is alleged that all the accused persons assaulted the deceased - Nandkumar Harijan on 13.7.2008. He died on 17.7.2008. I have perused his statement recorded on 13.7.2008. He has not named applicant no.2 - Gunshekhar Harijan as one of the assailants. Insofar as applicant no.1 is concerned, 2 2 2 though the deceased has named him, no specific overt act is attributed to him. The other eye witnesses have named the applicants and have stated that they were instigating the other accused when the deceased was being beaten by them with pipe and wooden stump. Having considered the nature of allegations against the applicants and the statement of the deceased I am inclined to enlarge both the applicants on bail. Hence I pass the following order: . The applicants to be released on bail in the sum of Rs.15,000/- each with one or two sureties of the like amount subject to condition that they shall report to the concerned police station on every alternate Saturday between 7 and 8 pm for a period of six months from today. The application is disposed of. . 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 without being influenced by the observations made in this order. (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)