1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. Criminal Application 3371 of 2008 in Criminal Appeal No. 220 of 2008 (Vishal @ Eshak s/o Nandu Maste and one .vs. State of Mah. ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders ======================================= Mr. R.K. Tiwari, Advocate for Applicants. Mr. Y.B. Mandpe, APP for Respondent/State. .......... CORAM : K.J. ROHEE &, A.P. BHANGALE, JJ. DATED : SEPTEMBER 25, 2008 1. Heard counsel for the parties. 2. It is alleged that on 20.3.2004 the scooter of Brijesh Ramesh Jibhe (the deceased) hit against accused No.1 Horilal Mohan Maste. Soon thereafter, accused nos. 1 to 3 went to the house of Brijesh with sticks. They found PW1 Sunil Ramesh Jibhe (elder brother of deceased Brijesh) and started beating him. At that time accused no.4 Nandu @ Kalya Sukhava Maste came there with sword. When PW1 Sunil tried to catch hold of the sword, he was injured. On hearing the commotion, Brijesh came there to the rescue of his brother Sunil. As soon as Brijesh appeared there, accused no.4 Nandu @ Kalya gave sword blows on 2 him. The remaining accused persons started beating him with sticks. Brijesh sustained multiple incised wounds particularly over head and neck. In the meanwhile PW1 Sunil rushed to Police Station Sadar and informed the police about the incident by lodging report (Exh.62). By that time Brijesh was removed to Mayo Hospital where he was declared dead. It is alleged by the prosecution that PW2 Shama (the mother of deceased Brijesh), PW3 Sultana Begam and PW6 Hemlata (the sister- in-law of deceased Brijesh) saw the incident of assault. It may be noted that the trial Court acquitted accused no.1 Horilal and accused no.2 Ganesh and convicted accused no.3 Vishal @ Eshak and accused no.4 Nandu @ Kalya. It seems that there is same evidence against accused nos. 1 to 3. When accused no.1 and accused no.2 were acquitted, accused no.3 came to be convicted, though as stated by us evidence against them is the same. We, therefore, think it expedient to release accused no.3 Vishal @ Eshak Nandu Maste on bail. There is, however, enough evidence as against accused no.4 Nandu @ Kalya in support of his conviction. We are, therefore, not inclined to grant bail to him. Hence the order: The application is partly allowed. The application so far as it relates to accused no.4 Nandu @ Kalya Sukhava Maste is rejected. 3 Accused no.3 Vishal @ Eshak Nandu Maste be released on his executing PR for Rs.25,000/- with one surety in the like amount. JUDGE JUDGE halwai