1 BA 1219-2011 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.1219 OF 2011 Sachin Chandrakant Upaskar .Applicant V/s. The State of Maharashtra .Respondent WITH BAIL APPLICATION NO.1550 OF 2011 Tukaram Dayal Khot .Applicant V/s. The State of Maharashtra .Respondent Mr.Sudeep Pasbola i/b. Mr.Rahul Arote, Advocate, for the Applicants Mrs.A.A.Mane, APP, for the Respondent - State CORAM : R.C.CHAVAN, J. DATE : 30TH SEPTEMBER, 2011 P.C. . Heard the learned Counsel for the respective parties. 2. These are the applications for bail by the applicants, who were arrested in connection with C.R.No.60 of 2011 for the offences punishable under Sections 143, 144, 2 BA 1219-2011 147, 148, 149, 302, 307 read with Section 120- B of the Indian Penal Code read with Sections 4 and 25 of the Arms Act registered with Santacruz Police Station. The applicants were employed by a security agency which in turn had been engaged by Sanjay Construction Company which had undertaken work under the Slum Rehabilitation Scheme at Gangotri Singh Chawl. Umeshsingh the owner of one of the tenements and his relatives had not joined that scheme and had started repairs of construction of his rooms through Rajkumar Dubey. The victim Shyamsundar Yadav was possibly an employee of Rajkumar Dubey. The applicants and some other security guards were to the site to ward off the carrying out of the construction. In the process Shyamsundar Yadav was stabbed with sharp edged weapon. This incident occurred on 24th January, 2011. Shyamsundar Yadav succumbed injuries on 26th January, 2011. The learned Additional Sessions Judge refused bail to the present 3 BA 1219-2011 applicants on the ground that they had been identified at the Test Identification Parade by one Rajkumar Dubey. The role attributed to the applicants by Rajkumar was their presence at the spot with iron rod and giving threats to the workers. The witness specifically stated that Shyamsundar Yadav was stabbed by Rajesh Rathod. The learned APP states that the present applicants had also come to the spot sharing a common intention of killing Shyamsundar Yadav. Given the genesis of the incident, such sharing of the common intention appears doubtful and would have to be decided at the trial. Considering the role attributed to the present applicants, applicants be released on bail on their furnishing P.R.Bond of Rs.50,000/- each with one or more solvent sureties in the aggregate sum of Rs.50,000/- till the trial is over. 3. Bail Applications stand disposed of. (R.C.CHAVAN, J.) 4 BA 1219-2011