1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4001 OF 2009 Ramdas Vishwanath Najam .... Applicant. V/s The State of Maharasthra .... Respondent. Mr. Uday P. Warunjikar for the applicant. Mr. H.J. Dedhia, APP for the State. CORAM: V. M. KANADE, J. DATE : 25TH NOVEMBER, 2009 P.C: 1. Heard the learned Counsel appearing on behalf of the applicant and the learned APP appearing on behalf of the State. 2. Applicant has been arrested on 11/5/2009 in connection with the offence punishable under sections 302, 201, 143, 147, 148, 149 of the Indian Penal Code which is registered at Bhosari Police Station vide C.R. No.190 of 2008. 2 3. Prosecution case is that the deceased was found in injured condition on 06/05/2009 and, thereafter, he succumbed to injuries and died. The deceased was a history-sheeter and the prosecution case is that he used to demand monies from truck drivers and other persons and, therefore, these truck drivers came together and assaulted him. 4. It is submitted by the learned Counsel appearing on behalf of the applicant that name of the applicant is not mentioned in the FIR. No recovery has been made at his instance. It is submitted that in the statement of one Dinkar Jagtap recorded on 12/5/2009, he has stated that the present applicant was standing near the person who was lying in injured condition. This being the only allegation which is made and there is no statement of any eye witness, alleging that the applicant had assaulted the deceased, in my view, applicant deserves to be released on bail. The learned Counsel for the applicant also invited my attention to the orders passed by the Sessions Court granting bail to original accused No.3 and accused Nos. 7 to 12. In the FIR, names of accused Nos. 1 and 2 have been mentioned as persons who had assaulted the deceased. This being the position, on parity also, the applicant deserves to be released on bail. 5. Applicant, therefore, be released on bail in C.R. No.190 3 of 2009 registered at Bhosari Police Station in the sum of Rs 5000/- with one or two sureties in the like amount. Applicant shall report to the concerned Police Station once in a month. 6. Application is disposed of. (V.M. KANADE, J.)