IN THE HIGH COURT OF JUDICATUR AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO. 958/09 [Gajanan Sakharam Gawhane and another ..vs.. State Mah.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : S.R.DONGAONKAR, J. DATE : 28 th APRIL, 2009 Heard Shri H.M.Mohta, Advocate, for the applicants and Shri Thakare, APP, for respondent State. This is an application under Section 439 of Cr.P.C. for grant of bail. The applicants along with other accused have been charge sheeted for the offence punishable under Section 147, 148, 149, 302 of the I.P.C. r/w Section 135 of the Bombay Police Act. The allegations as per F.I.R. appears to the effect that all the accused had beaten Ramesh by sticks and an axe on his head and legs. It is reported by the complainant that the applicants had sticks and one Suleman had an axe with him in his hand. They beat the said Ramesh by sticks & axe before him and he felled down. Thus, as per the report, there was assault on the head by sticks as well as by an axe. With the help of the learned APP, I have seen the P.M. Note. It appears that there was only one injury on the leg of the deceased. The description of the said injury is stated in Column No. 17 of the P.M. Note, which reads thus-- Injuries - 1.CLW - 2 x ½ x ½ cm. Rt.Leg - Front side just below Knee jt. Direction - Upside down 10 to 12 hours back - Hard & blunt object There appears no head injury. The cause of death is stated to be cardiac arrest. Though the opinion was reserved to C.A. Report in respect of the said investigation, the C.A. report is yet to be received. It seems that although there are allegations against the accused regarding hitting the deceased on his head, there appears no corresponding injury in the P.M. Note. It is informed by the learned counsel for the applicants that other accused have been released on bail by this Court. The said order, however, does not help the applicants inasmuch as it was observed that there is no specific evidence against the applicant therein regarding assault, so also her application was allowed because she was woman. However, fact remains that there is considerable divergence in the details of the injuries which are stated in F.I.R. and P.M. Note. Considering the cause of death which is mentioned in the P.M. Note, the applicants would be entitled for bail, however, subject to conditions. Each of the applicants be released on bail on furnishing surety and P.R.Bond of Rs. 25,000/-, subject to conditions that they shall not directly or indirectly tamper with the prosecution evidence and shall report at Police Station Risod on first Sunday of each month at 11 a.m. until further orders or till the trial is over. Application disposed of. Bail in lower Court. JUDGE smp