1 Cri-A-5122-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 5122 OF 2010 Prakash Khandagale ... Applicant/Accused Vs. The State of Maharashtra ... Respondent Ms. Anjali Patil,Advocate, for the applicant/accused. Mr.Y.M.Nakhwa, APP, for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 1st December, 2010. P.C. 1. Heard the learned Counsel for the applicant and the learned APP. Perused the police papers. 2. The applicant, who is accused in Crime No.287/2010 under Sections 302, 143, 144, 147, 148, 149, 323 and 324 read with Section 149 IPC registered by the Powai Police Station. According to the prosecution, on 11.7.2010, deceased Sidharth and some of his friends were playing. In the evening, when they were present near the Toddy shop, accused Satish Gaikwad and another accused Gautam came there. They had exchange of hot words with Sidharth. After that, said Satish Gaikwad along with Ashok Gaikwad, Babu Mohite, Suresh Powaikar, Gautam Khade, and Prakash Khandagle and 5 - 6 unknown persons 2 Cri-A-5122-10.sxw gathered and they began to beat Sidharth. The present applicant is Prakash Khabndagale. The evidence reveals that Satish Gaikwad assaulted on the head of Sidharth with a cricket bat. Then Suresh took the bat from Satish and he also assaulted on the head of Sidharth. Due to this, Sidharth fell on the ground. After he fell down, he was beaten with sticks by other accused persons. Ashok, Gaikwad, Babu Mohite and Gautam Khade lifted two big stones and one after another assaulted on the head of Sidharth with the said stones. Prakash Khandagale pulled Sidharth by holding his feet. Satish Gaikwad and his companion Suresh also threatened the people who were present there against any intervention and also that if they reported the matter to the police, they would kill them. Prakash Khandagale and Babu Mohite abused the people. After the incident, the report was lodged by the brother of the deceased. Post-mortem report revealed that deceased had suffered as many as 16 injuries on his person and most of them were on his head and face and some were on his left and right legs. As per the post-mortem report, the death was caused due to head injury with fracture of skull and the injuries on the face due to hard and blunt object. 3. It appears that there was no previous enmity. The incident occurred because of exchange of hot words between deceased Sidharth and Satish Gaikwad. Police papers revealed that the actual assailants were Satish Gaikwad, 3 Cri-A-5122-10.sxw Suresh Powaikar, Ashok Gaikwad, Babu Mohite and Gautam Khade. The only role attributed to the present applicant Prakash Khandagale is that he had pulled Sidharth by holding his feet. The investigation is completed and the charge-sheet is already filed. 4. In view of these circumstances and the role attributed to the present applicant, I find that he deserves to be granted bail. 5. For the aforesaid reasons, the applicant be released on his executing P.R. Bond of Rs.30,000/- with one or two sureties in the like amount with condition that he shall not tamper the prosecution evidence, shall not misuse the bail and shall also attend the Powai Police Station on every Sunday between 6 p.m. to 8 p.m. till the end of the trial. (J.H.BHATIA,J.)