1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 801 OF 2009 1. Dhanraj Keshav Deore 2. Keshav Nanaji Deore ..... Applicants. V/s State of Maharashtra ....... Respondent. Mr. S.K. Shinde i/b Mr. Sagar Kasar for the applicants. Mr. S.K. Shinde, APP for the State. CORAM : V.M. KANADE, J. DATE : 2nd March, 2009 P.C:- 1. Heard the learned Counsel for the applicants and the learned APP for the State. 2. Applicants have been arrested in connection with the offence punishable under section 302, 504, 506 read with section 34 of the Indian Penal Code. It is the case of the prosecution that the applicants alongwith Hemraj had assaulted deceased Kishore Pawar. The complainant and the eye witnesses have stated that Hemraj was armed with an 2 axe and the present applicants were having sticks in their hands and the applicant No.1 assaulted the complainant Bhausaheb Pawar. The learned APP appearing on behalf of the State submits that there are four eye witnesses who have assigned the said role to the present applicants. 3. In my view, the role which is attributed to the present applicant No.1 who was a young boy of 19 years of age on the date of incident is that he had given stick blows to the complainant Bhausaheb Pawar. That being the position, the applicant No.1 was not directly involved in the assault on the deceased who was assaulted with an axe by Hemraj. Prima facie case, therefore, is made out by the applicant No.1 that he may not be involved in the offence punishable under section 302 of the Indian Penal Code. Similarly, it is also alleged that the Applicant No.2 – Keshav Nanaji Deore who was also armed with stick, gave stick blows to the deceased on his face and head. Though the cause of death is shown to be shock due to head injury, the injury which could be caused by the stick does not correspond to the injuries which are shown in column 17 of the postmortem notes. Taking an over all view of the matter, applicants deserve to be released on bail since the charge- sheet already has been filed. 4. Applicants, therefore, be released on bail in C.R. No.222/2008 in the sum of Rs. 5000/- each with one or two sureties in the like amount. They shall report to the 3 concerned Police Station twice in a week. Applicants shall not threaten any of the prosecution witnesses or try to tamper with the evidence. If any complaint is received, application may be filed for cancellation of bail. 5. Application is disposed of. (V.M. KANADE, J.)