*1* IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4141/2009 Yogesh Suresh Suryawanshi. ..Applicant -VERSUS- The State of Maharashtra. ..Respondent ............... Mr.Manoj A. Patil, Advocate for the Applicant. Ms.P.P. Shinde, A.P.P., for the Respondent/State. ............... CORAM: A.P.DESHPANDE, J. Dated 07th October, 2009. PC:- 1 This is an application under Section 439 of the Code of Criminal Procedure for release of the Applicant on bail in Crime No. 36/2009 registered with Wadgaon Police Station, district Kolhapur for the offences punishable under Sections 307, 143, 147, 148, 149, 332, 427, 323, 504, 506 of the Indian Penal Code and under Sections 3 and 4 of the Damages to Public Property Act and under Section 135 of the Bombay Police Act. 2 Perusal of the First Information Report filed by an employee of the Maharashtra State Electricity Distribution Company reveals that a child of 4 years of age had sustained an electric shock consequent upon which he was rushed to the hospital, however, he expired. Enraged by the same and being of the view that the officers of the Electricity Distribution Company were responsible for the *2* faulty electric network; a mob of 30 to 35 persons approached the office of Engineer. Seven persons are named in the First Information Report, the present Applicant is one amongst them. It is stated that one Shivaji Awale who is accused No.1 had brought a can of kerosene and had poured the same on the person of the first informant and one Tayyab Khatik had also carried a can of engine oil which he applied on the face of Engineer and poured the same on the person of the first informant. It is alleged that at that time Shivaji Awale took out a matchbox and lit a matchstick and was about to put it on the person of the first informant. As the first informant hit the hands of Shivaji Awale, matchstick fell down and serious incident averted. In so far as the present Applicant is concerned, it is stated that he with others manhandled the employees of the Electricity Distribution Company and also assaulted the first informant by fist and kicks. 3 The learned counsel for the Applicant submits that co- accused by name Tayyab Khatik against whom a serious overt-act is averred in the First Information Report has been granted bail. It is also pointed out that there is no overt-act attributed to the present Applicant. The Applicant is in custody since 12.04.2009. Five other co-accused are already released on bail. 4 Having regard to totality of the facts and circumstances and the material on record, I am of the clear view that the Applicant is entitled to be released on bail. Hence, I pass the following order:- (a) The Applicant shall be released on bail in Crime No. 36/2009 registered with Wadgaon Police Station, district Kolhapur for the offences punishable under Sections 307, 143, 147, 148, 149, *3* 332, 427, 323, 504, 506 of the Indian Penal Code and under Sections 3 and 4 of the Damages to Public Property Act and under Section 135 of the Bombay Police Act; on furnishing a personal bond in a sum of Rs.10,000/- with one or two sureties in the like amount. (b) The Applicant shall attend the concerned Police Station as and when required. (c) The Application is allowed and disposed of accordingly. -sd- (A.P. Deshpande, J)