1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. 3483/2009 [Ashok Manga Chavan and two ohers - .vrs. State of Maharashtra] ..................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... Mr. J.Y.Ghude, Advocate for the applicants. Mr. A.D.Sonak , APP for respondent. .......... CORAM : P.D. KODE, J. DATE : DECEMBER 17, 2009. Heard. Learned counsel for the applicant having stated that he is not pressing the application for applicant No.3 – Indal Chavan, who had given blow by means of iron pipe on the head of the deceased Vasram Rathod and due to which deceased has succumbed to the death, therefore, the application is considered only for remaining two applicants. The statement of learned counsel for the applicants that though both these applicants have allegedly participated in an incident of assault on a deceased and the account of incident given by the witnesses, does not reveal any of them having attacked the deceased on head and the learned APP being not able to point out any material from the charge sheet for not repelling the said statement and the autopsy note 2 revealing that death had occurred due to head injury caused to the deceased and also having regard to the fact that the incident had taken place in the court-yard of the applicant, the motive behind the crime occurred i.e the fight in between the two groups in which the complainant party had been to the house of the applicant for questioning them regarding fodder taken by him, none of the applicant being armed with any leathal weapon other than stick, there appears substance in the submission of the learned counsel for the applicants that the prosecution material prima facie do not reveal the involvement of applicants in commission of offence punishable with death or imprisonment for life. Having regard to the same and the applicants being not said to be the persons of criminal antecedent, the discretion deserves to be exercised in favour of grant of bail to the applicants by imposing strict conditions to take care of the apprehension expressed by the prosecution regarding prosecution evidence getting tampered in the event applicant are released on bail. Applicant No.1 – Ashok Manga Chavan and Applicant No. 2 -Shankar Manga Chavan are directed to be released on bail on each of the applicant furnishing P.R.Bond of Rs.50,000/- with one or more solvent sureties to make up that amount subject to conditions that the applicants shall (i) to attend the I.O. on every Monday for first four weeks and thereafter on every alternate Monday for next four weeks and thereafter on first Monday of 3 every month between 11 a.m to 1 p.m untill the conclusion of trial; (ii) to stay at the address given by them in the application and not to change the same without the permission of the court, (iii) not to indulge in any activity of threatening, intimidating or harassing the witness who has deposed against them or to tamper the prosecution evidence in any manner; and (iv) not to commit any offence while being on bail granted by this order. The application of accused no. 3 stands disposed of as not pressed. Application stands disposed of. Hamdast granted. JUDGE Rvjalit