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 CRIMINAL APPLICATION NO. 266 OF 2009 CRIMINAL APPLICATION NO. 266 OF 2009 CRIMINAL APPLICATION NO. 266 OF 2009 Gendya @ Gyandev Duryodhan Dupargade ...Applicant vs. The State of Maharashtra ...Respondent Mr.Sudhir C. Halli i/b. Mr.Subhash Hulyalkar for the Applicant. Mr.S.S. Pednekar, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : FEBRUARY 2, 2009 DATED : FEBRUARY 2, 2009 DATED : FEBRUARY 2, 2009 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the applicant and APP for the State. 2. The applicant has been arrested in May 2008 in connection with an offence punishable under Sections 302, 201 read with 34 of the IPC registered vide C.R.No.248/2008 with Haveli Police Station, Pune. The other three accused have been released on bail. Two accused viz. Dilip and Sundrabai have been released on bail by the Sessions Court whereas Managal Raju Bhalshankar has been released on bail by this Court in Criminal Application No.3485/2008. The role attributed is the present applicant is that he had given fist blow - 2 - and kick blow to the deceased whereas accused no.1 Duryodhan had assaulted the deceased and had inflicted the fatal injuries on the head of the deceased with an axe. Accused Dilip and Sundrabai who had allegedly given kick and fist blows to the deceased have also been released on bail. The applicant is seeking bail on the ground of party. 3. The learned APP for the State submit that the applicant shared the common intention alongwith accused no.1. 4. I have perused the statements of the eye witnesses who have stated that the present applicant had merely given fist blow and kick blow. There is no material to indicate that he shared common intention with accused no.1. The other two accused also have been released on bail. Hence, on the ground of parity also, the applicant deserves to be released on bail. 5. The applicant be released on bail in the sum of Rs.5000/- with one or two sureties in the like amount. - 3 - He shall report to the concerned police station once in a month. He shall not threaten any of the witnesses or tamper with the evidence. If any complaint is received by the police, his bail shall be cancelled. The trial court shall not be influenced by any observation made by this court while granting bail to the present applicant. 6. The application is disposed of. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)