[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.2464 OF 2008 1. Lahanu Subhash Bidawe 2. Kiran @ Ganesh Subhash Bidawe ..Applicants Vs. The State of Maharashtra ..Respondent ... Mr.Ranjeet Pawar Advocate for Applicants Mr.S.S.Pednekar APP for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : AUGUST 4, 2008 DATE : AUGUST 4, 2008 DATE : AUGUST 4, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the applicants and the learned A.P.P. for the State. 2. The applicants are seeking bail in CR No.75 of 2007 of Yeola Police Station. The said case is mainly under Section 302 of IPC. 3. It is the prosecution case that the present applicants alongwith others assaulted Vijay Bidawe. Death of Vijay has occurred on account of head injury. The prosecution case is that co-accused Sunil assaulted Vijay on the head with the handle [-2-] of spade. Sunil had assaulted Vijay only once on the head. As far as the present applicants are concerned, only role attributed to them is that they had assaulted with fist and kick blows. Looking to the facts of this case, I find much merit in the submission that the applicants did not share the common intention of Sunil Bidawe, hence, I am inclined to grant bail to the applicants. 4. Each of the applicant nos. 1 and 2 i.e. applicant no.1-Lahanu Subhash Bidawe and applicant no.2-Kiran @ Ganesh Subhash Bidawe be released on bail in the sum of Rs.30,000/- (Rs.thirty thousand only) each with one or two sureties to make up the said amount. The applicants to report to Yeola Police Station, once in a week till conclusion of the trial. 5. Application is disposed of. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]