jpc ba1040-11.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1040 OF 2011 Mr. Dindya Bel Shinde ... Applicant Versus The State of Maharashtra ... Respondent Mr. P. G. Sarda, for the applicant Mrs. R. V. Newton, APP for the State CORAM:- A.M. THIPSAY, J. DATED :- 3rd August, 2011. P.C. : 1. Heard Mr. Sarda, the learned advocate for the applicant and Mrs. Newton, the learned APP for the State. 2. I have gone through the first information report and glanced through the annexures to the bail application. 3. The applicant and two others (his brothers) are alleged to have murdered one- Bhausaheb Shinde- the uncle of the applicant and other accused- by assaulting him, on 20th May, 2011. So far as the present applicant is concerned, the role attributed to him is of assaulting the deceased by fists and kicks. This role is based on the oral dying declaration, supposedly made by the deceased before his children and wife. The deceased appears to have died on account of head injury, jpc ba1040-11.sxw 2 caused by some hard and blunt object. The co-accused- Jitu is alleged to have assaulted the deceased by a wooden stick. 4. My attention is drawn to the statement of one Rambhau Gaikwad, who is claimed to be an eye witness to the incident of assault, in which he names only the co -accused- Jitu- as the assailant. There is substance in the contention that the version of the eye witness and version in the oral dying declaration allegedly made by the deceased are different. In any case, considering the role attributed to the applicant and the fact that he is in custody since 29th January, 2011 and that there are no antecedents, I am inclined to release him on bail. 5. The application is allowed. 6. The applicant is ordered to be released on bail in the sum of Rs. 50,000/- (Rupees fifty thousand only) with one surety in like amount, on the condition that he shall not contact, meet or approach any of the prosecution witnesses in any manner whatsoever. (A.M. THIPSAY, J.)