1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4076 OF 2010 Bhaskar Baliram Bahiram and another ..APPLICANTS -VERSUS- The State of Maharashtra ..RESPONDENT ......... Mr. S.S. Patil, advocate for applicants. Mr. N.H. Borade, A.P.P. for respondent. ........ (CORAM : V.R.KINGAONKAR,J.) DATE : 2 nd December, 2010. PER COURT : 1. By this application, the applicants seek regular bail under Section 439 of the Criminal Procedure Code. 2. Heard the learned Advocate for the applicants and the learned A.P.P. Perused the relevant investigation papers. The recitals of the F.I.R. prima facie indicate that in the evening of 17th May, 2010, the husband of informant was assaulted by means of iron chain, wooden stump etc. He was injured. He was admitted in the hospital in the same night due to profuse bleeding from his head. He died in the odd hours of morning. The main three assailants, who are named in the F.I.R., were arrested. The F.I.R. purports to show that three main assailants were accompanied by 2 other two unknown persons. 3. What appears from the investigation papers is that the names of the applicants were not immediately disclosed by the informant or anybody else as the co-accused persons. No particular role was attributed to them by the informant. It is, however, stated in the F.I.R. that the main three assailants were accompanied by two unknown culprits. It appears from the record that the main accused persons later on disclosed the names of the present applicants, and therefore, they were arrested by the Police on 24th May, 2010. The informant identified them during the course of T.I.P. (Test Identification Parade) held on 29th May, 2010. 4. One can not be oblivious of the fact that though the applicants were arrested on 24th May, 2010 yet there was delay in holding of T.I.P. Obviously, the possibility that the applicants were shown to the informant or could have been seen, after the arrest, can not be ruled out. In this view of the matter, the identification and the T.I.P. needs to be properly verified after the necessary evidence is scanned during the course of full fledged trial. 5. Considering the evidence on record, and particularly, the absence of particular role attributed to the applicants and the 3 fact that they had no personal enmity with the deceased, they are entitled to seek liberty during the period of pendency of the Sessions Case. Consequently, the application is allowed. The applicants are directed to be released on bail, on furnishing of bail bonds of Rs. 25,000/- (Rs. twenty five thousand), each with one solvent surety bond, in the like sum, before the Court of Sessions and on further condition that they shall not enter the limits of Sakri Taluka until the sessions case is decided, except on the dates of effective hearing of the said case. They shall furnish such an undertaking to the Court of Sessions while furnishing the bail bonds. (V.R.KINGAONKAR) JUDGE gas/cri4076.10