1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION BAIL APPLICATION NO.9 OF 2011 Balu Rangappa Mehtre ...Applicant. v. The State ...Respondents. Mr. Vidyadhar Koshe , adv. For the Applicant. Ms A.T.Javeri, APP For the Respondent/State. CORAM : J.H. BHATIA, J. DATED : JANUARY 31, 2011. P.C. 1 Applicant seeks to be released on bail in crime no.205 of 2010 registered at Bundgarden police station under Sections 143, 302, 146, 147, 148 and 149 of the I.P.C. 2 Prosecution case in brief is that on 10.5.2010 at about 8 p.m. Ravi Tamboli and his friends were present in Vyasyamshala. As Ravi Tamboli was tired, he came out. At that time Tipya @ Sultan Shaikh, Vinod Reddy, Rahul Salve, Amalya @ Amit Waghmare, Chunya @ Balu, who is the applicant before this Court, came. Vinod was having koyta while three others were having wooden stumps. As soon as they reached near Ravi Tamboli, said Vinod asked him had he become very powerful and started assaulting him with the sickle or koyta. His companions also 2 began to beat Ravi with wooden stumps. Friends of Ravi tried to intervene but they were also threatened and, therefore, they ran away. Because of the assault, Ravi Tamboli suffered number of bleeding injuries all over the body. After the culprits left the spot, said Ravi Tamboli was taken to the hospital where he was declared dead. F.I.R. of the incident was lodged by Rakesh Tamboli, who is brother of the deceased Ravi. He had come to the spot after getting information of the incident and he himself had taken Ravi to the hospital. In the F.I.R. also, he stated that deceased Ravi had told him that he was assaulted by the above referred five persons. There were number of witnesses at the spot. Their statements were also recorded next day. P.M.Report reveals that there were 20 incised wounds and five abrasions all over the body and out of them atleast 10 incised wounds were on the head with multiple fracture of the skull vault, corresponding to the external incised wounds. Death was due to shock and hemorrhage due to multiple injuries. 3 From the facts noted above, it is clear that all the incised wounds resulting into death were caused by Vinod. There were five abrasions , which could be attributed to his companions, who assaulted him with wooden stumps. Incidentally, in the statements of the eye witnesses, it is mentioned that three of the companions of Vinod were 3 armed with stumps and they assaulted with stumps. Total number of companions of Vinod Reddy were four. If three were armed with stumps one person was not having weapon. It is not clear, who was that. In view of these circumstances, applicant, who is young boy aged about 20 years, may be granted bail. 4 Therefore, applicant be released on his executing PR of Rs. 25,000/- with one solvent surety in the like amount with condition that he shall not tamper with the prosecution evidence and shall also attend the concerned police station on every Sunday between 11 a.m. to 1 p.m. till the decision of the case. 5 Application stands disposed off. (J.H. BHATIA,J.)