SUNIL NAMDEV DHUMAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is an application for grant of bail. The applicants are young boys aged 18 and 21 years. They have been arrested on 14.10.2005 by Virar Police Station in connection with C.R.No.224/2005 for alleged offences under Section-302, 324 read with 34 of the I.P.C. I have perused the statement of the two eye witnesses. The allegation is that their father Namdeo has stabbed the deceased Bhavin Parekh. It appears that the incident has started suddenly. The deceased was builder and he had called contribution of Rs.50.00 for repairing the broken drainage from the residents of the building. There is material to indicate that there was scuffle and the complainant tried to intervene in the scuffle. The father of the present applicants gave single stab blow on the chest of the deceased, as the result of which he expired. The allegation against the present applicants is that they held the deceased while he was stabbed. It appears that the entire incident was occurred due to sudden scuffle. The applicants are young boys. The investigation is complete and the charge-sheet is already filed. In my view, taking into consideration the fact that the applicants are young boys and the offence may reduce to one under Section 304 of the I.P.C. I am inclined to grant bail to the applicants. In the circumstances, it is directed that pending their trial in pursuance of C.R.No.224/2005 registered by Virar Police Station, the applicants may be released on bail in the sum of Rs.10,000.00 each with one surety each in the like amount subject to the condition that they should report to I.O. at Virar Police Station once in a month on every first Monday till the disposal of the trial. Application is disposed off.