{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1970 OF 2010 WITH CRIMINAL APPLICATION NO.1971 OF 2010 -X-X-X-X CRIMINAL APPLICATION NO.1970 OF 2010 Sandip s/o Anand Thorat Age-20 years, Occ-Education, R/o Savedi, Ahmednagar Tq & Dist-Ahmednagar APPLICANT VERSUS The State of Maharashtra Through police station, Tophkhana, Ahmednagar RESPONDENT WITH CRIMINAL APPLICATION NO.1971 OF 2010 Gorakh @ Gorakshanath Aragade Age-25 years, Occ-Service, R/o Savedi, Ahmednagar Tq & Dist-Ahmednagar APPLICANT VERSUS The State of Maharashtra Through police station, Tophkhana, Ahmednagar RESPONDENT ....... Mr. V.S.Bedre, Advocate for the applicants Mr. K.S.Patil, APP for respondent State ....... {2} [CORAM : A.V.POTDAR, J.] DATE: 24th June 2010 PER COURT: 1. By these applications, the applicants have prayed to release them on bail in connection with CR No.432/2009 registered with Tophkhana police station for an offence punishable u/s 302, 307, 323, 504, 506, 143, 147, 148, 149 of the Indian Penal Code with sections 4 (25) of the Arms Act and for section 37 (1) (3) and 135 of the Bombay Police Act. 2. Applicants are arrested on 19th and 27th December 2009 respectively. It is informed that in this offence, after completion of the investigation, charge sheet has been filed somewhere in the month of April 2010. 3. Admittedly, the said offence is registered against the present applicants, 12 known and 25/30 unknown persons. Out of those 9 accused are already released on bail, either by this Court or by the lower court. 4. In this background, heard learned counsel for the applicants and learned APP. 5. It appears that the said offence is registered on the {3} complaint of one Maruti in respect of an incident, which has occurred in the night of 12th May 2009, which was an offshoot of an incident which had occurred in the afternoon of 12th itself. It is alleged that in furtherance of the incident, which had occurred in the noon, the applicants along with 30/40 other persons, armed with deadly weapons attacked father of the complainant and others and during that assault, father of the complainant, Vitthal, expired due to injuries sustained by him while three others were injured. Perusal of the complaint and statements of the eye witnesses recorded during the investigation indicates that other than participation, no overtact is attributed to the present applicants in respect of injuries sustained by the deceased and injured. It is alleged that applicant Sandip had slapped Tai, who had sustained simple injury like abrasion. Though one iron rod is recovered at the instance of applicant Sandip, yet the same is not linked with any injury sustained either by the deceased or the injured persons. Whereas, nothing is recovered at the instance of applicant Gorakh. In the premise, considering the fact that investigation is over coupled with the fact that other accused, against whom similar type of allegations were there, are released on bail, on the ground of party, the present applicants are also entitled to be released on bail. 6. In the result, both the applications are allowed. Both the applicants be released on bail in connection with CR No. 432/2009 registered with Tophkahan police station, Ahmednagar, {4} on their furnishing surety in the sum of Rs.15,000/- each and on executing PR bond in the like amount. The applicants are directed not to contact or tamper with the prosecution witnesses. Accordingly, both the applications stand disposed of. [A.V.POTDAR, J.] drp/B10/criapln1970-71-10