1 1 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4289 OF 2008 Suresh Ambanna Mali & Anr. .. Applicants. Vs. State of Maharashtra .. Respondent. Mr.V.V.Purwant for the applicants. Mr.K.V.Saste A.P.P. for the State. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 4TH DECEMBER, 2008. DATED : 4TH DECEMBER, 2008. DATED : 4TH DECEMBER, 2008. P.C.: . Heard learned counsel for the applicant and learned A.P.P. for the State. 2. The applicant is seeking bail in C.R.No.124 of 2008 of Mangalwedha police station, Solapur. The said crime has been registered against the applicant and ten others for having allegedly committed an offence punishable under sections 302, 307, 143, 147, r/w 34 of IPC. 3. According to the prosecution the alleged 2 2 2 incident occured on 9.6.2008 at 8.45 pm when all the accused persons assaulted the deceased - Nilappa, who died before he was admitted to the hospital. I have perused the statements of the complainant - Santosh Mallikarjun, Suresh Vithoba Mali, Kasurabai Mali and Sitaram Mali. The complainant - Santosh Mallikarjun has attributed specific overt act to the accused Irappa, Vithal and Ramesh. According to him Irappa assaulted the deceased - Nilappa and Ramesh assaulted the complainant. According to Mallikarjun, Irappa assaulted the deceased - Nilappa. Suresh Mali has stated that he was also assaulted by Irappa. Similarly Kasurabai and Sitaram Mali have stated that they were also assaulted by Irappa. Sitaram was also assaulted by Vithal. I have perused the injury certificates of all the injured witnesses. They have sustained one or two injuries each. Insofar the deceased is concerned he sustained only one injury and he died of that injury. No specific role is attributed to the present applicants either by the complainant or by any other witnesses. Keeping that in view and considering overall facts and circumstances of the case I am inclined to enlarge the applicants on bail. Hence the following order: 3 3 3 . The applicants to be released on bail in the sum of Rs.35,000/- each with one or two sureties to make up the said amount subject to condition that the applicants shall report to the concerned police station on every alternate Saturday between 7 and 8 pm for a period of six months from today. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case without being influenced by the observations made in this order. (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)