1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2735/2009 ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.SJ Salunke, Adv. for applicants; Mrs.BR Khekale, APP for State. ___ CORAM : K.U.CHANDIWAL, J. DATE : 17 th August,2009. 1. Heard learned Counsel extensively. 2. In a matter for an offence under Section 302 of IPC recorded, vide Crime No. 10/2009, registered at Hasnabad Police Station, the applicant/accused in custody, are seeking bail. 3. The F.I.R. and the statements of eye- witnesses prima facie implicate the accused/applicants, indicting specific role played by them in eliminating deceased Subhash and severely injuring Devidas. The submission that Devidas has sustained the injuries by the assault of a wooden stick, by support of medical 2 certificate, at this stage, need not be addressed. It was not an individual act by each of the accused, but it was in a group that the deceased Subhash and his brother Devidas, in presence of other relatives, was brutally assaulted. In spite of this odds, the fact remains Kishore Sahebrao Shejul was present at the material time, as reflected in the F.I.R. His role appears to be minimal, as he was holding an iron bar and allegedly assaulted the injured Devidas. In this situation, the application in so far it relates to applicant/accused no. 1 - Sahebrao s/o Kaduba Shejul and applicant/accused no.2 - Ramesh s/o Kaduba Shejul is rejected. However, it is allowed in respect of applicant no.3 - Kishor s/o Sahebrao Shejul on following terms. 4. The accused/applicant no.3 - Kishor s/o Sahebrao Shejul be released on his furnishing PR bond and surety in the sum of Rs.20,000/- (Rupees twenty thousand). 3 The applicant/accused after his release shall not live within the jurisdiction of Hasnabad or in the village concerned. The applicant/accused shall stay at Jalna and shall furnish his address of Jalna with contact number. 5. The applicant/accused shall record his attendance on first Sunday of every month at Jalna City Police Station. 6. The applicant/accused shall not influence the witnesses. 7. The application is rejected in so far as applicant nos. 1 and 2 referred above. ( K.U.CHANDIWAL ) JUDGE bdv/cran2735.09