1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Criminal Application No.838 of 2010 [Diliram Brijlal Patle Vs. State of Mah.] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. R.M. Daga, Adv., for the applicant. Mr. D.B. Yengal, APP for respondent. ----- CORAM : A.H. JOSHI, J. DATE : 10th June, 2010. 1. Applicant is accused in Crime No. 73/2009 registered with Police Station, Goregaon, Distt. Gondia, for offences punishable under Sections 147, 148, 302 and 448 read with Section 149 of Indian Penal Code and Section 135 of the Bombay Police Act. 2. The investigation is completed and charge-sheet is filed. 3. All accused are in jail. 4. Present applicant's application for bail has been rejected by Trial Court. 5. Heard both the sides. Perused the papers. 6. It is seen that in the statements of 2 eye-witnesses – Nirmalabai, Jivan and Devendra, they coherently narrate that the assault had begun and was done by five accused, namely [1] Munna Tekchand Madavi, [2] Suresh Bhaurao Bharne, [3] Lekhchand Bhaurao Bharne, [4] Rajaram Ganpat Sonwane and [5] Raju Rajaram Sonwane, and accused-applicant – Diliram had lateron appeared and he also gave stick blows. 7. In the statement of Nirmalabai, wife of deceased, she attributes assault on the head of the victim by five accused persons, and injury on head due to the stick is not attributed to present applicant. 8. Cause of death, as shown in the Post- mortem Report, is injury to the brain. 9. Though participation of the applicant is apparent, he is not connectable to the injury, which has resulted into death. 10. In this background, the applicant is entitled to be released on bail. 11. The applicant be released on bail on furnishing a Personal Bond and a Solvent Surety in a sum of Rs.15,000-00 [rupees fifteen thousand only]. Judge |Hedau| 3