1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No.1551/2008 In Criminal Appeal No.539/2004 [Satish Ramsing Mungona and others .vrs. The State of Maharashtra] ............................................................................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................................... Mr. Anil S. Mardikar, Advocate for the applicant, Mr. S.S. Doifode, APP for the non-applicant/State. .......... CORAM : K.J. ROHEE AND A.P. BHANGALE, JJ DATED : AUGUST 28, 2008 1. Heard the learned counsel for the applicant and the learned APP for the non-applicant/State. 2. All the eight appellants, who are real brothers, have been convicted by the trial Court for the offences punishable under Sections 148, 307/149 and 302/149 of the Indian Penal Code. 3. It is alleged that on 14.5.1995 around 8.00 PM all of them formed an unlawful assembly with the common object of teasing PW 2 Jayshree w/o Dharmendrasingh Rajput and killing 2 Prakashsingh. At the time of the incident, PW 1 Lalsingh Umedsingh Rajput (the father of deceased Prakashsingh and injured Kalyansingh) was with PW 2 Jayshree. From their evidence, it is obvious that the present applicant namely original accused no.5 Surendrasing was the member of the said unlawful assembly and was holding an axe. Though there does not appear trustworthy evidence as to whether accused no.5 Surendrasing actually assaulted Prakashsing or Kalyansing, there is evidence to show that he was very much present at the scene of offence with an axe. It may be remembered that accused no.5 Surendrasing has been convicted with the aid of Section 149 of the Indian Penal Code. We are unable to see as to how Rudrappa Ramappa Jainpur .vrs. State of Karnataka, AIR 2004 SC 4148 (B) would help the present applicant in order to come out of the clutches of Section 149 of the Indian Penal Code. 4. In view of this, we are not inclined to release accused no.5/applicant Surendrasing on bail. The application is, therefore, rejected. JUDGE JUDGE Gulande