1 Appln 3895-10 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3895 OF 2010 Paramshivam Swami Parer alias ..Applicants anna & anr. V/s. The State of Maharashtra ..Respondent Mr.S.P.Kadam, Advocate, for the Applicant Mrs.P.P.Shinde, APP, for the Respondent - State CORAM : R.C.CHAVAN, J. DATE : 5TH OCTOBER, 2010 P.C. . The applicants seek enlargement on bail in connection with C.R.No.19/2010 for the offence punishable under Sections 302, 323, 504 read with Section 34 of the Indian Penal Code registered with Kandivali Police Station, Mumbai. The learned APP at the outset submitted that this application should not be entertained, since charge has been framed and case is fixed for trial on 7th October, 2010. The learned Counsel for the applicants 2 Appln 3895-10 submitted that in this case, FIR itself shows that there was a quarrel on account of dancing and when the victim stated that he was not dancing in front of the house of the assailants, assailants hit the victim, who was 52 years old, with fists on chest and stomach. The victim died as a result of injuries sustained. Notes of Post Mortem examination show that there were external injuries e.g. linear impact abrasion over right side of neck, linear imprint abrasion over left side of forehead and contusion over right side of abdomen. The Medical Officer performed autopsy and reserved cause of death, pending report of histopathological examination and chemical analysis of viscera. Upon receipt of these reports, Medical Officer finalized the cause of death as Shock following blunt trauma in alleged history of Assault-case suffering from fatty lever with chronic pulmonary vene congestion with heamorrage in alveli (unnatural). 3 Appln 3895-10 2. Considering the nature of assault, injuries sustained and cause of death finally certified by the Medical Officer, applicants being at large is unlikely to prejudice a fair trial, applicants be released on bail on their furnishing P.R.Bond of Rs.50,000/- each on the condition that they shall attend Kandivali Police Station on every Sunday between 10.00 a.m. to 1.00 p.m. till the trial is over. (R.C.CHAVAN, J.)