1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.5055 OF 2009 Sanjay Haribhau Patil and ors. ..Applicants. Vs. The State of Maharashtra. ..Respondent. Mr.A. P. Mundergi i/by S. A. Ingawale for the Applicants. Mr.Y.S.Shinde, APP. For the State. CORAM : R.S. MOHITE, J. DATE : 1st April, 2010 PC : 1 Heard Advocate for the applicants, A.P.P. for the State and the Advocate for the original complainant. 2 This is an application for grant of regular bail. The applicants are shown as an accused Nos. 1,3 and 4 in C.R.No.No.4/2009 registered by Murgud Police Station for the alleged offences under Sections 302, 141,143,147,148,149,307,504,506,120B 2 and 109 of the I.P.C. and under Section 135 of the Bombay Police Act. Deceased is one Digvijay. There are four other injured persons. The record shows that the injuries caused to the injured are simple in nature. However, the deceased sustained single injury on the head which caused death of the deceased. The record shows that there is cross complaint filed against the complainant party and the same is registered for the similar offences. I have seen the injury certificate of the original accused No.2 Bhairavnath Bhau Patil and from the same it is clear that Bhairavnath also suffered a fracture and he has to under go nailing right ulna operation. One of the accused has therefore, suffered grievous wound. On reading the FIR., prima facie, indicates that there was sudden fight. The question as to whether the offence would be U/s.302 requires serious consideration in view of the background of the case. The present applicants have earlier filed bail application but that application was not pressed. This court however, made it clear 3 that they will consider the application of these applicants on merits. In so far as F.I.R, is concerned as regards the deceased a general statement is made that accused Nos. 1 to 4 beat the deceased. One other eye witness by name Prakash Aswale attributes causing of the head injury to the applicant No.1. In the circumstances, I am inclined to grant bail to the applicants by putting stringent conditions in so far as applicant No.1 is concerned. In the circumstances, it is directed that pending their trial in pursuance of C.R.No.4 of 2009 registered by Murgud Police Station, the applicants will be released on bail in the sum of Rs.25,000/- each with one surety each in the like amount subject to the condition that the applicant No.1 will not reside in Kagal Taluka. Before his release on bail, he will furnish to the Jail authorities address where he proposes to reside and will report to the Police Station Officer of the Police Station within his jurisdiction he intends to reside. He will not change the residential 4 address without proper intimation to the I.O. in the present case. His reporting to the said Police Station Officer will once in a week on every Monday between 11.00 a.m. to 5.00 p.m. till the disposal of the trial. In so far as the other applicants are concerned, they will report to the Murgud Police Station once in a week on every Monday between 11.00 a.m. to 3.00 p.m. till the disposal of the trial. The applicants will not contact or attempt to influence any of the witnesses in this case. Application is disposed off. 2 Parties to act on a copy of this order duly authenticated by the registry of this court. ( R.S. MOHITE, J.)