IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4223 OF 2009 1. Shivshankar Balasaheb Khalipe 2. Dattatraya Vishwanath Zunjare ...Applicants Vs. The State of Maharashtra ...Respondent ---- Shri Girish R. Agrawal for Applicants Shri Y.M. Nakhwa -APP for State ---- CORAM: V.M. KANADE J. DATE : 9TH NOVEMBER, 2009 P.C. ---- 1. Heard the learned Counsel appearing on behalf of the Applicants and the Learned APP for the State. 2. The Applicants have been arrested in connection with an offence punishable under sections 302, 143, 147, 148, 506 of the Indian Penal Code vide C.R. No. 100 of 2009 registered with Solapur Taluka Police Station. 3. It is alleged that the Applicants and others were traveling in a pick up van, the deceased was traveling in a rickshaw, some of the persons from the rickshaw had to get down at the place and as a result, the pick up van had to be stopped by the driver. There was some altercations between the driver of the pick up van and the deceased. All the persons who were traveling in the pick up van asked the driver to get down and there were some altercations between the deceased and these persons. It is alleged that the Applicants and others instigated the driver of the vehicle to kill the deceased and as a result, the driver of the pick up van knock-down the deceased with his pick up van as a result, he died on the spot. 4. The charge sheet is filed. The only allegation against the present Applicants is that they had instigated the driver to knoc-down the deceased with the vehicle. This being the only role attributed which is to be attributed to the present Applicants, in my view, the Applicants are entitled to be released on bail. 5. The Applicants be released on bail in a sum of Rs.5,000/- each with one or two sureties each in the like amount. The Applicants shall report to the concerned police station once in a week. 6. Application is disposed of. (V.M. KANADE J.)