Teja Katdhare

Order - Status 7: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.325 OF 2009 Hemant Digamber Pawar 2. Sandeep @ Balya Rajbali Manohar ...Applicants Vs. The State of Maharashtra ... Respondent --- Shri Teja Katdhare for Applicants Shri S.S. Pednekar APP for State ---- CORAM: V.M. KANADE J. DATED 3RD FEBRUARY, 2009 P.C. Heard the learned Counsel appearing on behalf of the Applicants and the learned APP for the State. The Applicants are arrested in connection with an offence punishable under sections 143, 147, 148, 149, 302, 324,504 of the Indian Penal Code registered at Kolshewadi Police Station, Kalyan (East),Dist. Thane on 20.3.2008. The chargesheet has been filed. It is alleged that the Applicants along with others had assaulted the Complainant and others with sticks and, as a result, one Gopal Dhumal had received injuries and he thereafter, succumbed to the injuries on 22.3.2008. In the first information, it has been stated that some unknown persons have assaulted the deceased and others. Perusal of the material, which is on record shows that there are contradictions in respect of the statements of eye witnesses. Exact number of persons, who had assaulted the complainant and others differs from witness to witness. No specific role, otherwise, has been attributed to the present Applicants. Applicants have not been identified by the Complainant since no identification parade has been held by the Investigating Officer. Under these circumstances, in my view, prima facie case is made out for grant of bail. The Applicants be released on bail in a sum of Rs.5,000/- each with one or two sureties in the like amount. The Applicants shall report to the Koleshwadi Police Station, Kalyan (East), Dist. Thane once in a month. Application is disposed of. V.M. KANADE J.