1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1200 OF 2010 1) Shri Uttam Baban Shinde ) 2) Shri Bhausaheb Baban Shinde ) 3) Shri Dilip Baban Shinde )..Applicants Vs. The State of Maharashtra )..Respondent ---- Mr. Suresh M. Sabrad for the applicants. Smt. A. A. Mane APP for the State. ---- Coram : R.S.MOHITE,J Date : 29th March, 2010 PC 1 This is an application for grant of bail. The applicants are all real brothers and they are shown as accused in C.R.No.111/2009 registered by the Niphad Police station for alleged offences under Sections 302, 201, 323, 504 & 506 read with 34 of IPC. They are alleged to have killed their real brother by name Sanjay Shinde. Sanjay Shinde’s body was found in the well. There are two minor abrasions on his body, otherwise the cause of death is drowning. The incident took place on 27.4.2009. The complaint is however, filed after about four months by the wife of the deceased Mangala. The police have recorded the statement of one of the cousin brother of the accused Shyamrao Shinde on 14.8.2009. Second statement of the same witness has been recorded on 11.9.2009. There are material discrepancy between the two statements and Shyamrao Shinde nowhere states as to why he was silent for more than 4 months after the incident. Taking an overall view of the 2 matter, I am inclined to grant bail to the present applicants. It is therefore, directed that pending their trial in connection with C.R.No.111/2009 registered by the Niphad police station, the applicants will be released on bail in the sum of Rs.15,000/- each with one surety each in the like amount subject to the condition that they will report to the Investigating officer once a fortnight on every 1st and 3rd Mondays of each month and will remain present on all dates of their trial unless exempted. Application stands disposed off. (R.S.MOHITE,J) 3