1 Cri-A-64-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 64 OF 2011 Ritesh Ramesh Malave ... Applicant Vs. The State of Maharashtra ... Respondent Mr. Priyal G.Sarda, i/b. Sachin Zalte Advocate, for the applicant. Ms. P.P.Shinde, APP, for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 1st February, 2011. P.C. 1. The applicant seeks to be released in Crime No.229 of 2010 registered at Pimpri Police Station, Pune, under Sections 302, 147, 148, 149 IPC. 2. As per the prosecution case, one Soljar,who is brother of deceased Banya, had entered the house of one Lata Chavan at about 1.30 a.m. on 5.6.2010, in drunken condition and misbehaved with the lady. On 6.6.2010, Soljar was beaten by some persons and he ran away. It appears that on 6.6.2010, at about 11 p.m. several people from the locality assembled to beat said Soljar.They were armed with sticks , etc. Soljar was not found and his brother Sambhaji was assaulted with a stick by accused Mithun Lagas. Due to that Sambhaji ran away 2 Cri-A-64-11.sxw and was hiding himself behind a truck. He saw that some assailants were beating his bother Banya with sticks. At that time, one of the accused Sumeet Lagas took a stone from the roadside and hit on the head of Banya due to which he died. Post-mortem report reveals that Banya had died due to head injury, which could be attributed to Sumeet Lagas. Others had beaten him with sticks only. Four of the accused persons, namely, Nilesh, Sachin, Dinesh and Vijay, who had participated in beating with sticks were granted bail by the Sessions Court. The case of the present applicant cannot be distinguished from that of those persons. 3. Therefore, the applicant be released on his executing P.R. of Rs. 30,000/- with one or two sureties in the like amount with condition that he shall not tamper with the prosecution evidence. (J.H.BHATIA,J.)