abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4207 OF 2007 1. Babu @ Charansing Rupsing 2. Premsing Rupsing Gorlewale .. Applicants V/s The State of Maharashtra .. Respondent Mr.V.V. Purwant for the applicants. Mr.Rajesh More, A.P.P. for the State. CORAM : D.G. KARNIK, J. DATE : 5TH FEBRUARY 2008 P.C. P.C. P.C. : 1. Heard the learned counsel for the applicant and the learned A.P.P. for the State. 2. The applicants seek bail in connection with the offence registered against them with Sadar Bazar Police Station, Solapur under C.R. No.264/2007 punishable under section 307 read with 34 of the Indian Penal Code. 3. The applicants and the complainant are siblings, all being children of Rupsing. They reside at the same property in three rooms, originally belonging to their father. It appears that on account of some dispute over - 2 - the sharing/division of the ancestral property, the applicants assaulted the complainant with a knife. The applicants were arrested on the next day, that is on 18th November 2007. Since then they are in custody. 4. Today, two affidavits, one sworn by the original complainant and another by his wife, are filed before me. Both the original complainant and his wife are also present in Court and they are identified by the advocate for the applicants. In the affidavit, the complainant has stated that the applicants are his real brothers and as the applicants are in jail, the complainant himself is looking after their family. It is further stated that if the applicants are not granted bail, that would create distance (sic. disturbance) in the family. He has further stated that in the event of the release of the applicants on bail, he does not anticipate any untoward incident and he would live happily with his brothers. 5. It is true that the offence under section 307 of the I.P.C. is not compoundable. However, the question whether the applicant would be ultimately convicted would be decided at the trial. At present, the family dispute is resolved and by keeping the applicants in jail, the family dispute may re-erupt. The complainant has categorically stated that he does not anticipate any - 3 - untoward incident to happen in the event the applicants are released on bail. 6. Taking into consideration the special facts and circumstances of this case, in my view, the applicants can be released on bail. Hence, I pass the following order:- ORDER ORDER ORDER The applicants be released on bail in connection with the offence mentioned above on each of them executing personal bond of Rs.10,000/- with one surety in the like amount subject to the following conditions: (a) The applicants shall not make any threats to the complainant and his wife or any of the family members. (b) Thee applicants shall file within 10 days of their release on bail an affidavit in the Sessions Court that they would not cause any disturbance nor give any threats to the complainant and his wife or any of the family members. . Application is disposed of. (D.G. KARNIK, J.)