1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR Criminal Application No.2300 of 2008 In Criminal Appeal No.425 of 2006 (Dnyaneshwar s/o Atmaram Dhage and Vikas Atmaram Dhage v. State of Maharashtra) -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-- Office Notes, Memoranda of Coram, appearances, Court's orders or directions : Court's or Judge's orders and Registrar's orders. -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Shri S.G. Loney, Advocate for Applicants/Appellants. Shri J.B. Jaiswal, APP for Non-Applicant/State. CORAM : K.J. Rohee & B.P. Dharmadhikari, JJ. DATE : 14th July, 2008 1. Heard the learned counsel for the applicants/appellants, and the learned APP for the non-applicant/State. 2. The FIR lodged by PW 2 Trayambak Tukaram Dhage (the real brother of deceased Sahebrao Tukarao Dhage) clearly shows that accused no.1 Dnyaneshwar Atmaram Dhage assaulted Sahebrao by giving blows by axe on his head and neck, with the result Sahebrao died. The FIR does not show that accused no.5 Vikas Atmaram Dhage was involved in the assault on deceased Sahebrao. Thus prima facie it appears that accused no.5 Vikas Atmaram Dhage could not have been convicted for the offence under Section 302 either with the aid of Section 149 as is disclosed from the charge or with the aid of Section 34 of the Indian Penal Code as is disclosed in the 2 judgment. 3. In view of these circumstances, we think it expedient to release accused No.5 Vikas Atmaram Dhage on bail. 4. Needless to say that accused no.1 Dnyaneshwar Atmaram Dhage will not be entitled to claim any parity. 5. Hence, the following order : Accused no.5 Vikas Atmaram Dhage be released on bail on his executing a PR bond in the sum of Rs.25,000/- (Rs.Twenty Five Thousand) with one surety in the like amount. 6. Hamdast granted. JUDGE JUDGE Lanjewar