IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 574/2008 Ashwadeep Narayan Dhoke and another vs. State of Maharashtra --------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders. CORAM : S.R.DONGAONKAR, J DATED : 7 th MARCH, 2008. Heard Shri V.S.Dhobe, Advocate, for the applicant and Shri Yengal, A.P.P. for respondent State. This is an application under Section 439 of Cr.P.C. for grant of bail. The applicants are facing prosecution for the offence punishable under Sections 147, 148, 149, 324, 323, 504, 307, 302 r/w Section 135 of Bombay Police Act. The report lodged by Ragho Muneshwar, which is filed in the Court today and marked as “X” for identification, is perused. It appears that the allegations of overt act in the incident appears to be against Shiddharth Dhoke, Vijay Dhoke, Ravindra Dhoke, Yash Dhoke and Nasik Gawande. The allegations against the present applicants are that they had told these persons to beat the injured and to kill him. On perusal of the said report it does appear that these applicants have not taken any active part in the assault on the injured and also that they are not in such position who can ask them to kill the deceased and injure the rest of the injured persons. In these circumstances, the bail to these applicants cannot be denied. Hence, each of them be released on bail on furnishing surety and P.R.Bond of Rs. 20,000/- each, subject to conditions that they shall attend the trial regularly and shall not commit any offence. Bail in trial Court. It is made clear that the above observations are in prima facie view of the matter and they shall not in any way influence the learned trial Judge while deciding the matter on merits. Application disposed of. JUDGE Rvj.