1 Cri-A-68-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 68 OF 2011 Bharma Satyappa Atwadkar ... Applicant (Orig. accused No.1) Vs. The State of Maharashtra ... Respondent Mr.Anand S.Patil, Advocate, for the applicant. Mrs.G.P.Mulekar, APP,for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 3rd February, 2011. P.C. 1. The applicant seeks to be released on bail in Crime No.30/2010 registered at Chandgad Police Station, Dist. Kolhapur, for the offence under Section 392 read with Sec. 34 of IPC. 2. As per the prosecution case, it appears that deceased Irappa and the present applicant were the real brothers. Some dispute had occurred between Maruti son of Irappa and the present applicant and his son Santosh about cutting of trees. After that, on 23.4.2010 at about 6 p.m., the present applicant and his son were passing from in front of the house of the deceased. At that time, Irappa and his son asked the present applicant as to why they were quarreling and why 2 Cri-A-68-11.sxw they had cut the trees. On this, the present applicant rushed towards Maruti. Some scuffle took place. At that time, Santosh son of the present applicant lifted a log of wood from the heap of the wood and gave a blow on the head of Irappa. That blow proved to be fatal. Santosh, who had given the blow has been released on bail. From the FIR itself, it is clear that the present applicant had not assaulted the deceased at all. Only he had participated in the scuffle. Therefore, bail cannot be refused to him. 3. The applicant be released on his executing P.R. of Rs.10,000/- with a surety in the like amount with condition that he shall not tamper with the prosecution evidence. (J.H.BHATIA,J.)