:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 463 OF 2006 CRIMINAL APPLICATION NO. 463 OF 2006 CRIMINAL APPLICATION NO. 463 OF 2006 IN IN IN CRIMINAL APPEAL NO. 361 OF 2006 CRIMINAL APPEAL NO. 361 OF 2006 CRIMINAL APPEAL NO. 361 OF 2006 1. Arun Kashinath Bhagat ..Appellants 2. Harishchandra K. Bhagat (Ori. Accused Nos. 5 and 6) versus State of Maharashtra ..Respondents Mr. V. Z. Kankaria for the Appellants. Mrs. A. S. Pai, APP for the Respondents - State. CORAM : D. G. DESHPANDE, & CORAM : D. G. DESHPANDE, & CORAM : D. G. DESHPANDE, & S. A. BOBDE, JJ. S. A. BOBDE, JJ. S. A. BOBDE, JJ. DATE : 14TH JUNE, 2006 DATE : 14TH JUNE, 2006 DATE : 14TH JUNE, 2006 P.C. : P.C. : P.C. : 1. Heard Advocate for the Appellants - Original Accused Nos. 5 and 6 and learned APP for the State. 2. This is an application for bail filed by the appellants - original accused Nos. 5 and 6. They have been convicted with others for offences under Section 302 r/w 149 of IPC. However, our attention was drawn by the advocate for the appellants - accused to the deposition of P.W. 1 original complainant wherein in paragraph 5 of his cross examination, he has stated that accused Nos. 5 and 6 had no dispute with him or his son and when incident had occurred accused Nos. 5 and 6 were :2: removing pandal. 3. As against this, learned APP drew our attention to paragraph 15 of the judgment, wherein the learned Judge has observed that the appellants - accused Nos. 5 and 6 were assailants. This general statement is made. No specific role is attributed to the appellants - original accused Nos. 5 and 6. No other evidence is there, nor any other witnesses implicated the appellants - accused Nos. 5 and 6. They were on bail during trial. 4. In the result, this Application is allowed. The appellants - original Accused Nos. 5 and 6 be released on the same amount of bond and the same be executed before the trial court. Appellants - Accused Nos. 5 and 6 to attend Igatpuri Police Station once in a month in the first week, till the appeal is disposed of. Substantive sentence of the appellants - accused Nos. 5 and 6 is suspended pending appeal. Fine, if any, and, if not paid, be paid by them before they are released on bail. Application disposed of. (D.G. DESHPANDE, J. ) (D.G. DESHPANDE, J. ) (D.G. DESHPANDE, J. ) ( S.A. BOBDE, J.) ( S.A. BOBDE, J.) ( S.A. BOBDE, J.)