((-1-)) mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1937 OF 2009 Mahadev Pandurang Ghare & ors. Applicants versus The State of Maharashtra Respondent Rahul S. Kate for applicants. S.S.Pednekar, APP for State. CORAM : A.S.OKA, J. DATE : 04th May 2009 PC : 1. Heard learned counsel for the applicants and learned APP for the State. The applicants have been arraigned as accused where offences alleged are under sections 302, 201, 120(b) and 34 of Indian Penal Code. The first application made by the applicants before the Sessions Court was rejected. The second application is filed after filing of the charge sheet. The said application was rejected. 2. The incident is of 27th November 2008 when one Rajhans was found dead at the Yerada Banpeth. He has sustained injuries on the head. Initially on 28th November 2008 the ((-2-)) statements of both the parents of the deceased were recorded. Their version was that the father of the deceased and the deceased were doing labour work with the employer by the name Maruti Pawar. On 26th November 2008 after the father of the deceased left the place of work, the deceased was at the place of work. When the mother of the deceased enquired with the said Maruti as to why the deceased has not come back, she was told that the said deceased and the applicant no.2 had proceeded to Koyana Nagar with the object of relieving the deceased from the vice of alcoholism. According to the version of the parents recorded on 28th November 2008, on 28th November 2008 the said Maruti Pawar informed them that the deceased was found dead at the Yerada Banpeth. In the statements both the parents stated that instead of proceeding with the applicant no.2 towards Koyana Nagar the deceased proceeded to Yerada Banpeth. It is further stated that while he was under the influence of liquor, he fail down and sustained injuries to his head and succumbed to the said injuries. It appears that on 30th November 2008 further statement of the mother was recorded. In the said statement she stated that on 28th November 2008 in the ((-3-)) morning she visited the residence of Maruti Pawar. The mother of the deceased stated that at that time she noticed that the sweater normally used by her son was lying there. In the said statement she alleged that the accused have murdered her son. The FIR was registered on 24th January 2009. 3. The post mortem notes shows that the deceased suffered from CLW 10mx10m over fore head on right side and an abrasion of 10mx0.5m and 10mx05.m on eye brow. There is an another abrasion of 30mx20m near Right eblow. 4. Thus, on 28th November 2008 both the parents came out with the case that when the deceased was under the influence of liquor, he accidentally fell down and sustained injuries. The said version was completely changed on 30th November 2008. The statement of Pandurang Salunke recorded on 29th November 2008 does not fully support the prosecution case of involvement of the applicants. Moreover, the FIR was belatedly registered on 24th January 2009. 5. As stated earlier, the charge sheet has ((-4-)) already been filed. The learned APP on instructions of the concerned officers stated that there are no criminal antecedents of the applicants. Considering the delay in filing the FIR and the earlier stand taken by the parents of the deceased, this is a case where the applicants will have to be enlarged on bail. Hence, I pass following order :- (a) The applicants shall be enlarged on bail in the sum of Rs.10,000/- each with one or two local sureties in the like amount; (b) The bail is granted subject to condition that till conclusion of the trial, the applicants will report to Patan Police Station on every first Saturday of every calender month. (A.S.OKA, J.)