:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO. 1073 OF 2008 APPLICATION NO. 1073 OF 2008 APPLICATION NO. 1073 OF 2008 IN IN IN CRIMINAL CRIMINAL CRIMINAL APPEAL NO.4 OF 2008 APPEAL NO.4 OF 2008 APPEAL NO.4 OF 2008 Dipak Maruti Shelar & Ors. ..Applicants V/s The State of Maharashtra ..Respondent Mr.Ashok Mundargi, Sr.Advocate a/w Niranjan Mundargi and Nitin Molkunde i/b M/s Haresh Mehta & Company for the applicants Mr.A.S. Gadkari, APP for the State CORAM : S.B.MHASE & A.A. SAYED JJ. DATE : 24TH NOVEMBER, 2008 P.C. 1. The learned Counsel for the applicants states that he is not pressing for bail application for accused Nos. 1 and 2. 2. The prosecution case is that accused Nos. 1 to 4 accosted the deceased and the eye witness P.W.2 at 6 O’ clock in the morning. At that time the accused No.1 was armed with chopper, the accused No.2 was armed with sword, accused No.3 was armed with iron bar and accused No.4 was having a stick. They :2: made an attack on the deceased. P.W.2 ran away and thereafter he brought villagers. However, on the spot only blood stains were found and they found that the blood stains were going towards river Gandhari and they found that the dead body was lying in the river alongwith the motorcycle. The body was recovered. Since the bail application is not being pressed for accused Nos. 1 and 2, we shall not consider any material against them. 3. We have gone through the medical report and we have noticed that all the injuries are incise wounds and there is not a single injury by iron rod or by stick viz. there is no contused lacerated wounds on the person of the deceased. This shows that even though the accused Nos. 3 and 4 may be present on the spot but they have not attacked with the weapons in their hands on the deceased and thus prima facie they do not appear to be liable for the death of the deceased. Therefore, we are inclined to grant bail to them. 4. Mr.Gadkari, the learned APP seriously insisted that if the bail is to be granted, stringent :3: conditions may be imposed upon the applicants. The learned Counsel for the applicants fairly conceded and stated that they will not stay in Mahad Taluka and they will stay at Mumbai in the house of Shri Suresh Babaji More (Buva) at Andheri Saibaba Housing Society, "B" Wing, 309, 3rd floor, Nicholas Wadi, Nagardas Service Road, Opposite J.K. Regency Hotel, Andheri (E), Mumbai 400 069 within the police station area of Andheri (East). We therefore, pass the following order. 5. The Original Accused No. 3 Rajkumar Haibat Jadhav and Original Accused No. 4 Umesh Anna Jadhav be released on bail of Rs. 10,000/- each with a surety in the like amount. They shall attend the police Station Andheri (East) in the morning at 10 a.m. every day till the elections of the Mahad Taluka Grampanchayat are over and thereafter they shall report once in a week till the final disposal of the appeal. The applicants shall stay at Mumbai on the above referred address till the final disposal of the appeal. 6. The application is disposed of. :4: ( A.A. SAYED, J.) A.A. SAYED, J.) A.A. SAYED, J.) (S.B. (S.B. (S.B. MHASE, J.) MHASE, J.) MHASE, J.)