IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.328 OF 2009 Ganesh D. Pawar ...Applicant Vs. The State of Maharashtra ... Respondent --- Shri S.K. Shinde i/b. Shri Sagar Kasar for Applicant Shri Rajesh More, APP for State ---- CORAM: V.M. KANADE J. DATED 5TH FEBRUARY, 2009 P.C. 1. Heard the learned Counsel appearing on behalf of the Applicant and the learned APP for the State. 2. The Applicant has been arrested in connection with an offence punishable under section 302 r/w. 34 of the Indian Penal Code. 3. It is alleged that the Applicant had assaulted the deceased with an iron rod. The statements of the witnesses indicate that the deceased was assaulted with a sword by Anil Pawar on his head and, thereafter, the Applicant had assaulted the deceased on his head. The postmortem notes indicate that the death was caused due to shock. There is discrepancy in the statement regarding the actual role played by the Applicant and in any case, the chargesheet has been filed. The father of the Applicant has been released on bail. 4. In my view, since only role attributed to the present Applicant is that he had assaulted the deceased with an iron rod, the Applicant deserves to be released on bail subject to certain conditions being imposed. (i) The Applicant be released on bail in a sum of Rs.5,000/- with one or two sureties in the like amount. (ii) The Applicant, however, shall not enter in the jurisdiction of Panchavati Police Station, Nashik during pendency of the trial. (iii) The Applicant shall give new residential address to the Superindent of Jail before he is released on bail. (iv) The Applicant shall report to the nearest police station from this residence twice in a week. (v) The Applicant shall not threat the witnesses or tamper with the evidence. If any, complaint is received, the bail shall be cancelled. 5. Application is, accordingly, disposed of. V.M. KANADE J.