1 Appln 3609-10 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3609 OF 2010 Rahul Tulshiram Kedare ..Applicant V/s. The State of Maharashtra ..Respondent Ms Anjali Patil, Advocate, for the Applicant Mrs.R.V.Newton, Advocate, for the Respondent CORAM : R.C.CHAVAN, J. DATE : 23RD AUGUST, 2010 P.C. . The Applicant, who is arrested for having been involved in commission of offence punishable under Sections 323 & 302 read with 34 of the Indian Penal Code seeks bail on the ground that he had not inflicted injury which led to death of victim Ramesh Thote. The FIR itself shows that the Applicant Rahul Kedare was pushed by Anil Nirbhavane and fell on platform around a tree and was injured on his head. One Nitin Vora broke a beer bottle and charged at Anil Nirbhavane when Ramesh Thote, 2 Appln 3609-10 the victim intervened and received the fatal blow on his abdomen. 2. In view of this, since the role of the Applicant is restricted to mere participation in the assault which was not necessarily aimed at Ramesh Thote victim, the Applicant's claim to be bailed out has to be accepted. 3. The Applicant be released on bail on P.R.Bond of Rs.50,000/- with one or more solvent sureties in aggregate sum of Rs. 50,000/- on the condition that the Applicant shall not tamper with witnesses and shall not contact them. 4. Bail before the trial Judge. (R.C.CHAVAN, J.)