1 Appln 3646-10 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3646 OF 2010 Uday Suresh Vengurlekar & anr. ..Applicants V/s. The State of Maharashtra ..Respondent Mrs.Mallika Ingale, Advocate, for the Applicants Mrs.R.V.Newton, Advocate, for the Respondent CORAM : R.C.CHAVAN, J. DATE : 27TH AUGUST, 2010 P.C. . Uday Suresh Vengurlekar & Dipak Balkrishna Mahadik seek their enlargement on bail on the ground that co-accused Vishal Parshuram Gawant, who had been attributed a similar role. He was admitted to bail by this Court by order dated 21st April, 2010 passed in Criminal Application No.1278 of 2010. 2. On 7th June, 2009, one Rajesh Palji Wagh was assaulted by four unknown persons. One of them had strangulated said Rajesh Wagh 2 Appln 3646-10 by holding his neck between the arm and shoulder. The Applicant Dipak Mahadik was alleged to have assaulted the victim with some thing heavy in a bag which Dipak was carrying. The Applicants Uday and Dipak, as also accused Vishal who had been bailed out, were identified by victim s brother Bipin at the test identification parade. The notes of Post Mortem examination do not clearly show that as to what was the cause of death, though, a number of injuries have been observed on the person of the victim. The only difference in the role of Vishal and the Applicant Dipak is that the Applicant Dipak is alleged to have hit victim with something heavy in a bag. This can not be adequate to hold that assault by Dipak was the sole cause of the death of the victim. 3. In view of this, since co-accused Vishal had been admitted to bail by this Court by order dated 21st April, 2010, & since it 3 Appln 3646-10 would be difficult to distinguish the role of the present Applicants from that of Vishal, the application will have to be allowed. 4. In view of this, Application is allowed. The Applicants be released on bail in the sum of Rs.15,000/- with one surety in the like amount subject to the condition that they will report to the Investigating officer once in a fortnight on every first and third Monday between 11.00 to 5.00 P.M till the disposal of the case and will remain present on all the dates of the trial unless exempted. 5. Application is disposed of. (R.C.CHAVAN, J.)