1 A IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2138 OF 2009 Jaidev Rama Godhali .. Applicant V/s. The State of Maharashtra .. Respondents Mr.Rajendra J.Rathod i/b.Mr.O.A.Siddiqui for the Applicant. Mr.H.T.Dedhia, A.P.P.for Respondent No.1.State. Mr.Priyattosh R.Tiwari for the original complainant. CORAM : VACTION JUDGE A.R.JOSHI, J. DATED : MAY 15TH, 2009. P.C. Heard rival submissions for some time. 2. Present application is filed by one of the total 31 accused, for releasing him on bail during the pendency of the Sessions Case for the offence punishable under section 302 read with other allied sections of rioting armed with deadly weapons etc. Earlier bail application was rejected by the Sessions Court. During the argument it 2 is submitted on behalf of the applicant that, one of the co-accused is already released on bail by this Court vide order dated 22nd April, 2009. Said application was preferred by two accused persons and out of them one was released mentioning that there was no any overt act against him and he was holding only the sticks, whereas other applicant in that application was not granted bail. 3. So far as the case against the present applicant is concerned, there are about seven eye witnesses. The deceased had sustained about 16 injuries and most of them are incise wounds, though, reportedly, the role is given to the present applicant is that of holding the stick and taking part in the assault, as prima facie appears from the statements of the witnesses, in the opinion of this Court, the present applicant cannot be released on bail during the penedncy of the trial considering the gravity of the offence and considering the law and order situation in the village where the rival groups reside. 4. In the result, the present application is disposed of as rejected. (A.R. JOSHI, J.)