1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION NO. 51/2010 (SIDDHARTHA GAUTAM WAGH AND ANOTHER VS. THE STATE OF MAHARASHTRA) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. Adwait Manohar, Advocate, for applicants. APP for respondent State CORAM : A.P. BHANGALE, J. DATED : JANUARY 27, 2010. Heard. 2 By this application, the applicants pray for grant of bail in connection with Crime No.88/2009, reported ad Nandura Police Station, Distt. Buldana, for offence punishable under Sections 307, 147, 148, 149, later on converted into Section 302 of I.P.C. 3. It is submitted on behalf of the applicants that even assuming the case of the prosecution to be true at this stage, it is a case of death caused by single blow by spear. However, the active role attributed in respect of assault by spear is to one Shyamrao and not to any of 2 these applicants. The applicants are young, while Siddhartha is aged about 23 years and Manoj is aged about 18 years. They are earning their livelihood and their families are dependent on them. They are labourer by occupation. 4 Learned APP was given time to file reply by order dated 12th January, 2010. However, no reply has been filed. He objected grant of bail orally on the ground that the role attributed to the present applicants is that they caught hold of victim and thereafter Shyamrao had given blow. 5 Further, according to the learned counsel for the applicants, the charge sheet has already been filed. On merits, it is contended that the cause of death as given is due to stab injury on left side of back causing hemorrhagic shock. 6 Considering that none of these applicants were armed with weapons and that they are young in age, I am inclined to grant conditional bail in their favour. Hence the following order. 7 Applicants be released on bail after executing P.R. bond to be provided by each of them in the sum of Rs.30,000/- with two or more solvent sureties in the like amount to be provided by each of the applicants, provided further that the applicants shall attend the trial on each day of hearing. The applicants shall inform their fixed address with telephone/ cell number (if any) to the Investigating Officer and the Presiding Officer of the concerned Court. The 3 applicants shall not try to tamper with the prosecution evidence in any manner and shall not commit any crime while on bail. Application stands disposed of. JUDGE Rvjalit.