AJN 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.358 OF 2010 IN CRIMINAL APPEAL NO.888 OF 2009 Laxmibai Rudrappa Birajdar & Anr. ... Applicants Vs. The State of Maharashtra ... Respondent Mr. Amit Sale for the applicants. Mr. H.J. Dedhia, A.P.P. for the State. CORAM: MRS. RANJANA DESAI & MRS. V.K. TAHILRAMANI, JJ. DATED : 23RD MARCH, 2010. P.C.:- 1. The applicants are original accused 11 and 12. They along with others were tried for offences punishable under Sections 143, 147, 148, 120-B, 504/149, 506/149, 342/149, 436/149, 427/149 and under Section 302/149 in Sessions Case No.176 of 2004 and were convicted, inter AJN 2 alia, for life by the Additional Sessions Judge, Sangli. The appeal filed by the applicants has been admitted. This is their bail application. 2. We have heard learned counsel appearing for the applicants and learned A.P.P. appearing for the State. 3. Learned counsel appearing for the applicants has pointed out that this court vide order dated 16/10/2006 has released original accused 28, 13 and 34 on bail. Learned counsel submitted that the case of the present applicants stands on par with original accused 28, 13 and 34, who have been released on bail and, hence, they may also be released on bail. 4. We are inclined to accept the submissions of learned counsel. So far as applicant 1 – Laxmibai Rudrappa Birajdar is concerned, PW-4 Manohar has stated that she was standing near the house of Chavan and was bringing fodder bundles. PW-3 Irappa did not attribute any overt AJN 3 act to her. PW-17 Jagannath has stated that she was present along with 40 to 45 persons, who were gathered at the place of incident, however, no overt act is attributed by PW-17 Jagannath to her. In their evidence, PW-3 Irappa, PW-4 Manohar and PW-17 Jagannath have assigned same role, which they have attributed to applicant – Laxmibai Birajdar to original accused 34 Bhourawwa Rudrappa Basargi, who has been released on bail. 5. So far as applicant 2 – Gurawwa Gurunath Birajdar is concerned, PW-3 Irappa has attributed no overt act to her. PW-4 Manohar has also not attributed any overt act to applicant – Gurawwa Birajdar. PW-17 Jagannath has stated that she was present at the scene of offence along with other 40 to 45 persons, however, no overt act is attributed to her. As we have already stated original accused 34 – Bhourawwa Rudrappa Basargi has been released on bail. PW-3 Irappa, PW-4 Manohar and PW-17 Jagannath have assigned similar role to her. On parity, AJN 4 therefore, the present applicants need to be released on bail. Hence, the following order : O R D E R 6. The applicants - Laxmibai Rudrappa Birajdar and Gurawwa Gurunath Birajdar are released on bail on their furnishing bail bond for the sum of Rs.10,000/- each with two sureties each. The application is disposed of. [MRS. RANJANA DESAI, J.] [MRS. V.K. TAHILRAMANI, J.]