jpc ba840-11.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 840 OF 2011 Sharad B. Khandale ... Applicant Versus The State of Maharashtra ... Respondent Mr. Rahul S. Kate, for the applicant Mr. J. P. Kharge, APP for the State CORAM:- A.M. THIPSAY, J. DATED :- 20th July, 2011. P.C. : 1. Heard Mr. Kate, the learned advocate for the applicant and Mr. Kharge, the learned APP for the State. 2. I have gone through the bail application and the annexures thereto. 3. The applicant and four other accused in this case are alleged to have committed murder of one Madhukar-son of the first informant- Vithal Khandale. The other four accused are the real brothers of the applicant. They are also in custody. The accusation against the applicant and other accused is in respect of the offences punishable under sections 147, 148, 149, 302, 324, 504 and 506 of the Indian Penal Code and section 135 of the Bombay Police Act. 4. Admittedly, the applicant is not alleged to have assaulted the deceased- Madhukar Khandale. He is also not alleged to have assaulted the first informant. Though there is allegation that all the accused- jpc ba840-11.sxw 2 including the applicant- were armed with swords and axes, no specific role has been attributed to the applicant in the alleged incident. In the statements of some persons, recorded under section 164 of the Criminal Procedure Code, about three months after the incident, the role of holding the deceased when he was given a blow by the co-accused Laxman Khandale has been attributed to the applicant and other accused. 5. There has been no recovery of any incriminating article or articles at the instance of the applicant during the course of investigation. 6. Since all the five brothers are alleged to have committed the alleged offences, keeping in mind the possibility of over implication, strengthened by the fact that no specific role has been attributed the the applicant in the alleged offence, together with the fact that he is in custody since 27th December, 2010; and that the trial has not yet commenced ( as submitted by Mr. Kate, the learned advocate for the applicant), I am inclined to release the applicant on bail. 7. The applicant is ordered to be released on bail in the sum of Rs. 50,000/- (Rupees fifty thousand only) with one surety in like amount. (A.M. THIPSAY, J.)