jpc ba1100 & 977-11.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1100 OF 2011 Gahininath Goverdhan Dhavane ... Applicant Versus The State of Maharashtra ... Respondent WITH CRIMINAL BAIL APPLICATION NO. 977 OF 2011 Prashant Pandurang Savant ... Applicant Versus The State of Maharashtra ... Respondent Mr. V. V. Purwant, for the applicant in Cri.BA No.1100/11 Mr. Jaydeep D. Mane, for the applicant in Cri.BA No.977/11 Mrs. S. D. Shinde, APP for the State in Cri.BA No.1100/11 Mr. K. V. Saste, APP for the State in Cri.BA No.977/11 CORAM:- A.M. THIPSAY, J. DATED :- 12th August, 2011. P.C. : 1. These two applications can be conveniently decided by this common order, as applicants in both these applications are the accused in the same case. 2. Heard Mr. V. V. Purwant, the learned advocate for the applicant and Mrs. S. D. Shinde, APP for the State in Cri.BA No.1100/11. Heard Mr. Jaydeep D. Mane, the learned advocate for the applicant, and Mr. K. jpc ba1100 & 977-11.sxw 2 V. Saste, APP for the State in Cri.BA No.977/11. 3. One Bajrang Dhavane was assaulted and murdered by two persons on 16th February, 2011. At the time of assault, the first informant Swapnil alias Dayanand Dhavane, son of Bajrang Dhavane was also present. Bajrang Dhavane succumbed to the injuries, that were caused to him in the assault. The First Information Report came to be lodged on 17th February, 2011. After the Investigation, six persons have been arrested as accused, including the present applicants. 4. Admittedly, the applicants are not the actual assailants. The actual assailants are stated to be one Prakash alias Buddha Shinde ( accused No.1), and Sonya Metkari (accused no.2). 5. The allegation against the applicants is that they had sent the assailants to attack the deceased. This allegation is not supported by any material in the charge-sheet. The only slender basis, on which the allegation against the applicants is justified, is that the deceased, in his oral dying declaration, made to certain witnesses, named these applicants as the persons who had sent the assailants. Such dying declaration was not made to his own son and to the person who assisted the son to take him to the hospital. Apart from that, even this declaration is based on suspicion and not knowledge. The suspicion was felt by the deceased as he was the Secretary of a Co- jpc ba1100 & 977-11.sxw 3 operative Society of teachers and there were disputes between the applicants and the said deceased; and the applicants wanted the deceased to be removed from the secretaryship. 6. Considering the nature of allegation and the nature of material, on the basis of which it is supported, I think it fit to release the applicants on bail. 7. The applications are allowed. 8. The applicants are ordered to be released on bail in the sum of Rs.30,0000/- (Rupees thirty thousand) each, with one surety each in like amount or two sureties each in the sum of Rs.15,000/- each. (A.M. THIPSAY, J.)