1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Criminal Application No. 3504 of 2009 with Criminal Application No. 77 of 2010 Chandulal and ors v. State of Maharashtra AND Dyanba v. State of Maharashtra -------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. Mr Anil Mardikar, Advocate for applicant in Cri. Appln No. 3504/09 Mr S.A. Mohta, Adv for applicant in Cri. Appln No. 77/10 Mr K.S. Dhote, APP for State Coram : A.P. Bhangale, J Dated : 19th January 2010 1. Heard learned counsel for the parties. Applicants are seeking bail in Crime No. 54 of 09 registered with Police Station, Shirpur, District Washim under Sections 147, 148, 302 of the Indian Penal Code. 2. Although the accusations are serious in nature, learned counsel for applicants have pointed out discrepancies in two versions recorded during the course of investigation. One of the two versions says that deceased was beaten up by unlawful assembly while the other indicates that deceased had fallen from the roof; suffered injuries and thereafter succumbed thereto in 2 the hospital. Witness Jagannath appears to have stated that Devidas who fell down from tin-sheet roof of his house, suffered injury and was taken to hospital at Shirpurkar. Daughter of deceased states that about 8-10 persons were beating her father. She stated that her school-mates were complaining to her that her father was harassing girls; following them and questioning her as to whether her father had turned mad. Post-mortem notes show probable cause of death as haemorrhage shock due to multiple injuries. Further report on the basis of viscera is still awaited. 3. Looking to the two versions appearing on record and the only abrasions noticed during post-mortem where cause of death was not mentioned conclusively, in my opinion, no useful purpose would be served by keeping the applicants in detention during the pendency of trial. Hence, I am inclined to grant conditional bail to the applicants. 4. Applicants be released on bail upon their furnishing PR Bond in the sum of Rs. 30,000/- each with one or two sureties in the like amount. Applicants are directed not to tamper with prosecution evidence in any manner and they will not commit any crime while on bail. Applicants are directed to leave their fixed address with telephone/cell phone number (if any) with the Investigating Officer as also the Court concerned and shall communicate change therein, if any, in future. 3 Applications stand disposed of accordingly. Judge. Hsj