HVN 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. 1353 OF 2007 CRIMINAL APPLICATION NO. 1353 OF 2007 CRIMINAL APPLICATION NO. 1353 OF 2007 IN IN IN CRIMINAL APPEAL NO. 1228 OF 2005 CRIMINAL APPEAL NO. 1228 OF 2005 CRIMINAL APPEAL NO. 1228 OF 2005 Ramesh Gopinath Mundhe ... Applicant Versus The State of Maharashtra ... Respondent Mr.Ganesh Gole for the Applicant. Smt. V.R. Bhosale, A.P.P. for State. CORAM: F.I. CORAM: F.I. CORAM: F.I. REBELLO REBELLO REBELLO & K.U.CHANDIWAL, JJ. K.U.CHANDIWAL, JJ. K.U.CHANDIWAL, JJ. DATED: APRIL 21, 2008 DATED: APRIL 21, 2008 DATED: APRIL 21, 2008 P.C. P.C. P.C. . The applicant is the accused No. 13 who was convicted for life imprisonment and who was also guilty for the offence punishable under Section 149 by order dated 27.10.2005. . The applicant had moved the bail application earlier along with other accused which was withdrawn as not pressed on 27.6.2007. This is an application moved on 10.12.2007. . According to learned counsel for the applicant, the case of the present applicant is more or less similar to other accused who have been released.Apart from that it is pointed out that the applicant is graduate having first class degree and during the pendency of the trial he was on bail. . We have heard the learned counsel for the Applicant. From the chart annexed to the application, we find that P.W. NO. 5, P.W. No. 7, P.W. No. 10 have specifically noted the presence of the applicant along wither weapon. The weapon was recovered at his instance.The criticism that attachment is that the panch has not been able to identify the accused. In our opinion, considering that the applicant has been found guilty as being member of the unlawful assembly and the fact that there are witnesses who saw the applicant with weapon and considering that three persons were killed, in our opinion, this will not be a fit case to grant bail. Application for bail rejected. (K.V.CHANDIWAL, J.) (F.I.REBELLO, J.) (K.V.CHANDIWAL, J.) (F.I.REBELLO, J.) (K.V.CHANDIWAL, J.) (F.I.REBELLO, J.)