1 CA-5609.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE  CRIMINAL CRIMINAL APPLICATION NO.5609 OF 2010 Sandeep Motiram Koli .... Applicant Vs. The State of Maharashtra .... Respondent Shri Ganesh Gole for the Applicant. Ms S.D. Shinde, APP, for the State. CORAM: R.C. CHAVAN, J. DATED: DECEMBER 22, 2010 P.C: The applicant, who is alleged to have participated in an assault on one Ravi Yadav which led to Ravi Yadav's death, seeks enlargement on bail. Ravi Yadav was allegedly a drunkard who used to demand money for drinking from his family members and others. The applicant is not a family member. Ravi Yadav's father-in-law states that on 6-6-2010 Ravi came to him in a drunken state and he was asked by the family members as to why Ravi was harassing others. Thereafter, Ravi was beaten up by the family members. Hemant and Pritam from the village were hitting the victim with belts alternatively. Tushar Koli allegedly hit the victim with a brick. Pritam also hit the victim with a piece of a tile. The applicant is also alleged to have participated in the assault by 2 CA-5609.10 beating the victim with fists. The victim was then carried away by the assailants towards the cremation ground. On 8-6-2010 since it was noticed that foul smell was emanating from a mound of earth, it was removed and it was found to contain the dead body of Ravi. The notes of the post-mortem examination reveal that the victim had three incised wounds and one crush injury at the right side of the upper rib. The ribs of both the sides had been fractured. The learned counsel for the applicant submits that at the worst the applicant's participation is only in administering fist blows to the victim. The learned APP submits that fracture of ribs could be attributed to fist blows. Given the nature of the assault in which the applicant is alleged to have participated as also the fact that the investigation is complete and the charge-sheet has been filed, the applicant's being in custody pending the trial may not be necessary. In view of this, the applicant be released on bail in C.R. No.I-28 of 2010 of Nhava Sheva Police Station, District Raigad on his furnishing P.R. Bond in the sum of Rs.50,000/- with one or more solvent sureties in the sum aggregating to Rs.50,000/-. The application accordingly stands disposed of. (R.C. CHAVAN, J.)