IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH: NAGPUR CRIMINAL APPLICATION NO.1377/2008 Bhola Saoji & another ..vs.. State =================================== CORAM: S.R. DONGAONKAR, J. DATE:2.5.2008 Heard Mr. Daga, Advocate for the applicants and Mrs. Khade, A.P.P. for state. This is an application under section 439 of Cr.P.C. for grant of bail. The applicants have been arrested for the offences u/s 302 r/w 34 of I.P.C. in crime no.272/2007 of P.S.Saoner. The eye witness account of Kiran Mangrole i.e. son of deceased shows that there was scuffle between present applicants and his father. The assailant Bablu assaulted his father by an axe. Therefore, it prima faice appears that present applicant had no concern with the murder of deceased Indrapal. No doubt both these applicants and the said Bablu were seen thereafter running from the spot by witness Kiran as well as by witness Chandrabai, but that would not attribute any intention to applicants nor it would mean that the applicants shared common intention with said Bablu. Perhaps applicants can not be ex-facie liable for the offence u/s 302 I.P.C. Ofcourse these observations are in prima facie view of the matter. But then consideration of the same for the bail application of the applicants those would be relevant. It is necessary to note that said Bablu – has not preferred any bail application. The learned A.P.P. tried to contend that as per instructions the relatives of the applicants are threatening the witnesses. Suitable conditions can be imposed. Each of the applicants be released on bail on furnishing surety and PRB of Rs.25000/- subject to conditions that he shall not tamper with the prosecution evidence and shall not commit any offence and shall report at P.S. Saoner on first Sunday of each month until further orders or till the trial is over, whichever is earlier. Application stands disposed of. Bail in lower court. JUDGE smp.