1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2695 OF 2009 1.Sambhaji Vishnu Powar .. 2.Yalappa Yamnappa Shirganwar .. Applicants. Vs. State of Maharashtra .. Respondents. Mr.Kedar J.Patil for the applicants. Mrs.P.P.Shinde A.P.P. for the State. Coram: D.B. BHOSALE, J. Dated : 25TH June, 2009 P.C. Heard learned counsel for the applicant and learned A.P.P. for the State. 2. The applicant is seeking bail in C.R.No.28 of 2009 of Shivajinagar Police Station, Ichalkaranji, District Kolhapur. The crime has been registered against the applicants for having allegedly committed an offence punishable under sections 302 r/w 34 of IPC. 3. The prosecution case, in short, is that on 6.2.2009 at 11.30 pm the deceased was beaten by the applicants on account of theft committed by him of a bulb in the temple. The people gathered at the spot advised the applicants to take the deceased to the police. Accordingly they took him away. Two witnesses, thereafter, had seen the deceased alone. Next day his dead body was found with about 13-14 injuries on his person. Mr.Patil, learned counsel for the applicants submitted 2 that the deceased, as stated by his wife in her statement, was heavy drunkard and he was beaten because he had stolen a bulb from the temple. He was seen alive by the two witnesses after the beating incident. He, therefore, submitted that it cannot be said the applicants had an intention to kill him. I would not like to express any opinion at this stage of the proceedings on the point of intention. However, considering the submissions of the learned counsel for the applicants and overall facts and circumstances of the case I am inclined to enlarge the applicants on bail. Hence the following order: The applicants be released on bail in the sum of Rs.10,000/- each with one or two sureties to make up the said amount, subject to the condition that the applicants shall report to the concerned police station on every Saturday between 6 pm and 7 pm for a period of three months and thereafter on every alternate Saturday between 6 pm and 7 pm till conclusion of the trial. While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case uninfluenced by the observations made in this order. Application is disposed of. (D. B. Bhosale, J.)