(1) CR.APP. 2257.2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2257 OF 2009 1] Suresh @ Bandu S/o Rangnath Rathod, Age : 25 years, Occu.: Labourer, 2] Santosh @ Bandu S/o Rangnath Rathod, Age : 23 years, Occu.: Labourer, 3] Nikesh @ Guddya S/o Kisan Rathod, Age : 21 years, Occu.: Labour, All Resident of Bharatnagar, Garkheda Parisar, Aurangabad Tq. and Dist. Aurangabad .. Applicants Versus The State of Maharashtra, (Copy to be served on GP. High Court of Judicature of Bombay, Bench at Aurangabad) .. Respondent Smt. S.S. Jadhav, Advocate for the Applicants Smt. R.R. Mane, APP for the Respondent-State CORAM : A.V. NIRGUDE, J. DATED : 15TH JULY, 2009 ORAL ORDER:- 1] The applicants are seeking bail in crime no.67 of 2009 of Mukundwadi Police Station, (2) CR.APP. 2257.2009 Aurangabad dated 11.3.2009 for the offences punishable under section 302, 307, 323, 504 r/w. 34 of the Indian Penal Code. 2] The applicants, their companions and the main accused in this case one Dharasing were enjoying Holi festival on 11.3.2009. In the afternoon they were dancing to the tune of recorded music. The applicants are all young persons aged between 21-25. While they were dancing to the tune of the music, other group of young persons joined them but soon a quarrel irrupted between them. The quarrel soon turned violent and both the groups fisted each other but suddenly the main accused Dharansing took out a knife and stabbed three of his adversaries. It is alleged that the applicants shared the intention of Dharansing by catching the victims, while Dharansing was stabbing them. 3] But having gone through the statements of several eye witnesses, I realised prima facie it is clear that the present applicants did not know that their companion Dharansing would take out a knife and attack the adversaries. Admittedly, the present applicants did not use any weapon. It is Dharansing who stabbed three victims, one of whom ultimately succumbed to death. The applicants have a plausible defence and in my view, the applicants deserve bail. (3) CR.APP. 2257.2009 4] The applicants are released on bail of Rs.15,000/- (Rs.Fifteen Thousand) each with one surety each in the like amount. 5] Criminal Application stands disposed of. Sd/- (A.V. NIRGUDE, J.) arp/15july9/cr2257.09