1 IN THE HIGH COURT OF JUD ICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 161 /2010 (Suraj Balaprasad Baheti vs. State of Maharashtra) & CRIMINAL APPLICATION NO.210/2010 (Gajanan Fakira Bhanuse and others vs. State of Maharashtra) ..................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... Mr. A.S. Mardikar, Adv.for applicants in both the applications Mr C.N.Adgokar,APP for Respondent. .......... CORAM : A.P.BHANGALE, J. DATED : FEBRUARY 18, 2010. Heard submissions at the Bar. 2 Learned Advocate for the applicants contended that the FIR alleged that a total of 16 persons had formed an unlawful assembly and on the pretext that one Devidas (deceased) had abused them, he was beaten by fist and kick blows and was injured and as the result died. Learned Advocate also submitted that in such cases when such accusations are made against number of persons, the possibility of false implication may not be ruled out. The co-accused in the same Crime were already granted benefit of conditional bail and since the applicants are similarly situated with the accused who were granted bail by order dated 19.1.2010 passed by this Court in Criminal Application No.3504/2009 with Criminal Application No.77/2010. It does appear that 2 one of the version in the case is that deceased was beaten up by unlawful assembly; while other version says that deceased had fallen from the roof and suffered injuries and thereafter succumbed thereto in the Hospital, more particularly, witness Jagannath appears to have stated that Devidas had fallen from tinshed roof of the house and suffered injuries and taken to Hospital at Shirpur. The post-mortem notes show probable cause of death as hemorrhagic shock due to multiple injuries. Further report of viscera is still awaited. 3 Under these circumstances when there are apparently two versions in the material collected during the investigation, this Court thought that no useful purpose would be served by detaining the applicants in jail pending trial. Therefore, some of the co-accused were granted bail. It is pertinent to note that although sufficient opportunity was granted, no reply has been filed on behalf of the Respondent. As such, I am inclined to grant conditional bail in favour of the applicants. Hence the applicants be released upon bail in connection with Crime No. 54/2009 registered at Shirpur Police Station Dist. Washim, in the sum of Rs. 30,000/- to be provided by each of them with one or more sureties in the equal amount, to be provided by each of them, with further conditions that they shall not tamper with the prosecution evidence in any manner, shall not commit any crime while on bail and shall attend the trial on each date of hearing. They shall inform their fixed/ permanent 3 address with phone/Cellphone number, if any, to the I.O. as well as the Presiding Officer of the trial Court. Both Applications are allowed accordingly. JUDGE sahare