IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION NO.506 OF 2008 Kailash Bele and another ..vs.. State =================================== CORAM : S.R. DONGAONKAR, J. DATE:28.2.2008 Heard Mr. Mahankale, Advocate for the applicant and Mrs. Wasnik, A.P.P. for state. This is an application under section 439 of Cr.P.C. for grant of bail. Accused – applicants along with other accused are being prosecuted for the offences punishable u/s 302, 147, 149, 142 of IPC in crime No.54/07 of P.S. Bela, on the allegations that they and juvenile accused Sandeep had assaulted deceased Ganesh by means of axe, which has resulted in his death at about 7.30 p.m. on 7.10.2007. From the perusal of the statement of Lakhan Zagade, it appears that these applicants were responsible for the quarrel which was pacified and thereafter Kanthiram asked juvenile accused Sandeep to bring an axe and he assaulted deceased. It does appear that these applicants were responsible only for the earlier quarrel which was pacified. Learned A.P.P. has contended that the applicants are liable for offence u/s 302 of IPC, in view of the provisions of 147 and 149 of IPC. This aspect needs to be decided at the time of trial. Suffice it to say that presently there are no sufficient allegations against the applicants to show that they had any intention to cause death of the deceased, as compared to juvenile accused Sandeep. In these circumstances, applicants can not be denied bail, however, it would be subject to conditions. Each of the applicants be released on bail on furnishing surety and PRB of Rs.2000/- subject to conditions that they shall not directly or indirectly tamper with prosecution evidence and shall attend the trial regularly. Bail in trial court. Application stands disposed of. JUDGE smp.