1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.5405 OF 2009 Shri Kantu Ganda Sorthi )..Applicant Vs. The State of Maharashtra )..Respondent ---- Mr. R. D. Suryawanshi for the applicant. Smt. A. A. Mane APP for the State. ---- Coram : R.S.MOHITE,J Date : 28 th April, 2010 PC 1 This is an application for grant of regular bail. The present applicant is shown as accused no.9 in C.R.No.I-18/2009 registered by the Gholwad police station for alleged offences under Sections 302, 326, 143, 147, 148, 149, 452, 504 & 506 of IPC & under Sections 3 & 27 of Arms Act. The incident in question took place in two installments on 17.5.2009. On the said day there was barat of the marriage of one Anjali which was going on. A banjo-player by name Prakash was playing banjo and there was a fight. Son of the present applicant was involved in that fight and in the said fight, 3 persons i.e. Puneet Sorthi, Manish and Jaydeep sufferred simple injuries. As regards this earlier incident, the statement of Jaydeep indicates that the present applicant was instigating his son Dharmesh, Ramesh, Anil and others to beat the injured persons. The group later went to the house of one Amrut Sorthi and there the deceased Raju Sorthi was assaulted in a manner in which he finally died. The 2nd incident occurred 15 minutes later in a house of Gulab Sorthi which is situated nearby. He names the assailants as Nimesh, Jignesh, Dharmesh, Anil, Kalpesh, 2 Ganesh, Suresh, Jignesh Dubla and others un-known young boys aged between 20-25 years. He does not name the present applicant. The present applicant is a father of Dharmesh and is aged 48 years. The 2nd incident was also witnessed by a young girl aged 10 years by name Asmita. In her statement she did not name the present applicant at all. She is however shown to have identified the present applicant in an identification parade. Since her statement shows no specific overtacts and since Gulab the main eye witness, has not named the present applicant, I am inclined to grant bail. It is therefore, directed that pending his trial in connection with C.R.No.I-18/2009 registered by the Gholwad police station, the applicant may be released on bail in the sum of Rs.20,000/- with one surety in the like amount subject to the condition that he reports to the I.O once a fortnight on every 1st and 3rd Mondays of each month till the disposal of the trial and does not tamper with the witnesses and remain present on all dates of his trial unless exempted. Application stands disposed off. (R.S.MOHITE,J) 3 4