IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3681 OF 2009 Dhondo B. Bhoir ....Applicant Vs. State of Maharashtra ....Respondent ----- Shri Hemant S. Deshpande for Applicant\ Shri Y.M. Nakhwa, APP for State ----- CORAM: V.M. KANADE J. DATED: 29TH AUGUST, 2009 P.C. 1. Heard the learned Counsel appearing on behalf of the Applicant and the learned APP for the State. 2. This is a second application for bail. First application for bail was rejected by this Court by order dated 17th January, 2009. In the said order, the application for bail was rejected on the ground that the Applicant had given a blow with an iron rod on head of the deceased. A reference was made to the post mortem notes which clearly indicates that the death caused due to head injury. For the aforesaid reason, the bail was not granted to the Applicant. 3. It is brought to my notice that the said observation is incorrect. The learned Counsel appearing on behalf of the Applicant has invited my attention to the statement of the Complainant, who is eye witness of the said incident viz. Tukaram Kalu Bhoir. In the said statement, the witness has stated that the Applicant and one Manohar Dhondu Bhoir caught hold of deceased Jaywant and one Bhalchandra Dhondu Bhoir  son of the present Applicant had assaulted the deceased with a iron rod on his head. It is, therefore, submitted that since the only role which is attributed to the present Applicant is that he held the deceased and that there was no material to indicate that he shared the intention of Bhalchandra Dhondu Bhoir, he is entitled to be released on bail. 4. It is submitted that that the trial has not yet begun and is not likely to be over in near future. 5. The learned APP for the State also states that the statement of witnesses disclse that Bhalchandra Dhondu Bhoir had assaulted the deceased and not the Applicant. 6. In this view of the matter, in my view, the Applicant is entitled to be released on bail. The trial has also not begun. The Applicant is 66 years of age. He is not likely to abscond since he is a permanent resident of village Gude, Bhoirpada, Tal. Shahapur,Dist. Thane. 7. Under these circumstances, in my view, it would be appropriate if the Applicant is released on bail. 8. The Applicant be released on bail in a sum of Rs. 5,000/- with one or two sureties in the like amount. The Applicant, however, shall report to Kinhavali Police Station twice in a month and shall not threaten any of the witnesses. Application is, accordingly, allowed and disposed of. (V.M. KANADE J.)