1 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1263 OF 2008 IN CRIMINAL APPEAL NO.279 OF 2007 Mr.Guru Ramkrishna Gowda, .. applicant. -versus State of Maharashtra .. Respondent. Meghashyam Kocharekar, for the Petitioner. Ms. P.H. Kantharia, APP for the State. CORAM: SMT. RANJANA DESAI & R. G. KETKAR, JJ DATED: 9th July, 2009 P.C. 1. The applicant was tried alongwith one Sanjay Patel by the Sessions Court, Greater Mumbai in Sessions case NO.520 of 2005 for the offences punishable u/s 302, 324 read with section 34 of the Indian Penal Code, on the 2 allegations that in furtherance of their common intention the accused committed murder of Ramu Gadhwal and also voluntarily caused hurt to Krishna Dhotre by means of knife. 2. The appeal filed by the applicant has been admitted. This is his application for bail. We have heard Mr.Kocharekar, learned counsel for the applicant. He submitted that the prosecution has not led any cogent evidence to establish the involvement of the applicant in the murder. He submitted that therefore, the applicant may be enlarged on bail. 3. Admittedly the brother of accused No.l Sanjay Patel, was killed by deceased Ramu. Deceased Ramu was sentenced to five years RI. Therefore, prima facie it appears that accused No.l Sanjay Patel had motive to kill the deceased. So far as the present applicant is concerned PW-1 Krishna who is injured and also the complainant stated that Sanjay Patel had verbal altercations with the deceased. They were shouting at each other and assaulting each other with hands. Sanjay 3 Patel hit the deceased with knife and when the deceased Ramu fell down, the applicant hit him with his legs. Therefore, role attributed to the applicant is that he hit the deceased with his legs, after the deceased was stabbed by Sanjay Patel and he fell down. PW-3 Hanumanta Shinde also claims to be an eye witness. He has stated that it is Sanjay Patel who took out a knife and hit the deceased. Surprisingly he has not assigned any role to the applicant though he has stated that the applicant was present. No doubt both the applicants were caught by the police while they were running away and their clothes are stated to be blood stained. But it is Sanjay Patel who was carrying knife. Therefore, in our prima facie opinion the applicant cannot be held responsible for giving fatal blow to the deceased. So far as common intention is concerned, prima facie the prosecution case does not inspire any confidence. The case of Sanjay Patel stands on a different footing from that of the present applicant. It may be stated here that the applicant is in jail for last 4 years. Hence in our 4 opinion he should be released on bail. ORDER i) The applicant—Guru Ramkrishna Gowda, be released on bail in the sum of Rs.l5,000/- with one or two sureties to make up the amount. While on bail the applicant shall attend Kurar police station once in a month. ii) The application is disposed of. (SMT. RANJANA DESAI, J) (R.G. KETKAR, J)