1 BA 263 OF 2011 vks IN THE HIGH COURT OF JUDICATURE OF BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.263 2011 1.Sandeep Rajaram Shelke 2. Yogesh Suresh Kavade, 3. Amit Raosaheb Atkare .. Applicants Versus The State of Maharashtra ..Respondents Mr. Kedar Patil, for the Applicant. Mr. APP for the Respondent State. CORAM: R. C. CHAVAN, J. DATED : 7th March, 2011. P.C.: 1. Three applicants seek bail in Crime No.9 of 2010, registered at Ichalkaranji (Gaobhag) Police Station, District: Kolhapur. The allegation is that these three applicants alongwith Sanjay Deshmane, Sudarshan Babar and four others had assaulted one Santosh Babar. The names of the present applicants did not appear in the F.I.R. They were added in subsequent statements. The allegation is that when Santosh Babar had fallen down after being injured by Sanjay Deshmane and Sudarshan Babar, present applicants also came there and hit victim with sharp weapons on the victim’s head. The postmortem report shows that there are only four 2 BA 263 OF 2011 incised wounds on the victim’s person. Considering this and also the fact that investigation is complete and the chargesheet has been filed, the impossibility of assault by the applicants would have to be examined by the trial Court at the trial and cannot be commented upon at this stage. However, presence of the applicants in the custody for the trial may not be necessary, since co accused, who had named in the F.I.R. as participants alongwith Sanjay Deshmane and Sudarshan Babar, have been bailed out by this Court, by order dated 25th October, 2010. In view of this the present applicants’ be released on bail on their furnishing PR bonds in the sum of Rs. 50,000/- by each of them with one or more solvent sureties in the aggregate sum of Rs.50,000/- by each of them, on the condition that they shall report at the police station concerned on first Sunday of the month between 10.00 a.m. to 1.00 p.m., till the trial is over. Application stands dispsoed of. (R. C. CHAVAN, J.)