IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRI.APPLICATION NO.4116 OF 2008 CRI.APPLICATION NO.4116 OF 2008 CRI.APPLICATION NO.4116 OF 2008 1. Dwarkadhish Jaynarayan Khandelwal, 2. Nitin Mahadev Swami (Somya), 3. Sameer alias Bashir Mehaboob Shaikh, Applicants. Vs The State of Maharashtra, Respondent. Mr Kedar J.Patil, for the applicants. Ms A.T.Jhaveri, APP, for the respondent. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. DATE : 08/12/2008 DATE : 08/12/2008 DATE : 08/12/2008 PC: PC: PC: 1. Heard Mr.Patil, learned counsel for the applicants and Ms.Jhaveri, learned APP, for the State. 2. The applicants are seeking bail in CR No.68/2008 of Shivajinagar Police Station, Ichalkaranji, Dist-Kolhapur. The said crime has been registered against the applicants and four others for having allegedly committed an offence punishable under sections 302, 143,147, 148,149 of IPC and 135 of the Bombay Police Act. 3. It is the case of the prosecution that on 2.6.2008 all the accused chased the deceased- Vijaykumar and assaulted him with weapons in their hands. The deceased Vijaykumar died on the spot. The complainant is an eye-witness. I have perused his statement. He has named five accused, namely, Aasif Nasir Khan Pathan, Taophik Nasirkhan Pathan,Iman Gulab Garbarwadi, Manoj Salunkhe, and Pappalal Ustad and has attributed specific overt act to them all. Over and above these five accused persons, he has not named any other persons in the FIR. There are 4-5 eye-witnesses. I have perused their statements also. In the initial statements of all the eye-witnesses, they have referred to 3 to 5 persons as assailants. However, in the supplementary statements recorded after one week, they have named 7 - 8 persons including the present applicant. Keeping that in view and considering the statement of the complainant, I am inclined to enlarge the applicants on bail.Hence, the following order. . All the applicants to be released on bail in the sum of Rs.30,000/- each with one or two sureties to make up the said amount, subject to condition that the applicants shall report to the concerned police station every Saturday between 7 and 8 pm till conclusion of the trial. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case without being influenced by the observations made in this order. . The application is disposed of. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)