IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO. 1174 OF 2008 APPLICATION NO. 1174 OF 2008 APPLICATION NO. 1174 OF 2008 ALONGWITH ALONGWITH ALONGWITH CRIMINAL CRIMINAL CRIMINAL APPLICATION NO. 1158 OF 2008 APPLICATION NO. 1158 OF 2008 APPLICATION NO. 1158 OF 2008 IN IN IN CRIMINAL CRIMINAL CRIMINAL APPEAL NO. 841 OF 2008 APPEAL NO. 841 OF 2008 APPEAL NO. 841 OF 2008 Nivrutti Laxman Bodke & anr. ] .. Appellants Versus The State of Maharashtra ] .. Respondents Mr. M.S. Karnik for the applicants/appellants. Mr. A.S. Gadkari, APP, for the respondent - State. Mr. Sudatta Patil for the complainant. CORAM: S.B. MHASE & A.A. SAYED, JJ. DATED: 17TH OCTOBER, 2008 P.C. : 1. Heard the learned counsel for the applicants, the learned APP and the learned counsel for the complainant. 2. It is admitted on record that the applicants - original accused No.1, 4 and 5 have been convicted with the aid of section 149 of the Indian Penal Code. However, there is no evidence to demonstrate that they have any positive role, except that they were members of : 2 : the unlawful assembly in commission of the offence. Therefore, we are inclined to grant bail to them. Mr. Karnik, the learned counsel for the applicants, on instructions from Mr. Bhausaheb Tukaram Bodke who is the brother of the accused Nos.4 and 5 states that the accused Nos.1, 4 and 5 were on bail during trial and they have not misused the bail. 3. Taking into consideration all these facts and circumstances, we are inclined to grant bail. The sentence of accused Nos.1, 4 and 5 is suspended under section 389 of the Code of Criminal Procedure and the accused Nos.1, 4 and 5 - applicants herein are hereby released on bail of Rs.10,000/- each with like sureties by each of them. 4. Both the Criminal Applications stand disposed of accordingly. Sd/- Sd/- [A.A. [A.A. [A.A. SAYED, J.] SAYED, J.] SAYED, J.] [S.B. [S.B. [S.B. MHASE, J.] MHASE, J.] MHASE, J.]