1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4899 OF 2009 1. Kashinath Mahadev Salgar 2. Mahadev @ Dada Kashinath Salgar 3. Taramati Kashinath Salgar .... Applicants. V/s State of Maharashtra .... Respondent Mr. B.G. Vaidya for the applicants. Mr. S.A. Shaikh, APP for the State. CORAM: V. M. KANADE, J. DATE : 30TH NOVEMBER, 2009 P.C.:- 1. Heard the learned Counsel for the applicants and the learned APP for the State. 2. Applicants have been arrested in connection with the offence punishable under sections 326, 506 of the Indian Penal Code which is registered with Mohol Police Station vide C.R. No.187 of 2009. 3. It is alleged that the applicants assaulted father of the 2 complainant, as a result of which he succumbed to injuries. In the postmortem notes, there are no external injuries on the person of the deceased though there is internal head injury and he died almost after 15 days from the said incident. Complainant has not given names of assailants. In the FIR which was recorded, she states that 4 to 5 persons assaulted her father, whereas in the supplementary statement, she has named the present applicants. Charge- sheet has been filed. There was prior enmity between applicants and the deceased. It is submitted that due to this prior enmity, names of the present applicants have been involved by the complainant. 4. There is some substance in the submissions made by the learned Counsel appearing on behalf of the applicants. The deceased also was 75 years of age. In the FIR, names of the applicants are not mentioned. That being the position, in my view, applicants deserve to be released on bail. 5. Applicants therefore be released on bail in C.R. No.187 3 of 2009 registered with the Mohol Police Station in the sum of Rs 5000/- each with one or two sureties each in the like amount. They shall, however, not reside in the village Salgar Vasti, Kurul, Taluka Mohol, District Solapur during pendency of trial. Applicants to give their new residential address to the Superintendent of Jail before their release and they shall report to the nearest Police Station form their new residence once in a month. Trial is expedited. 6. Application is disposed of. (V.M. KANADE, J.)