1 1 1 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.3428 OF 2008 Sudhir Laxman Dengale & Ors. .. Applicants. Vs. The State of Maharashtra .. Respondent. Mr.Sudhir Halli for the applicants. Mr.K.V.Saste A.P.P. for the State. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 10TH OCTOBER, 2008. DATED : 10TH OCTOBER, 2008. DATED : 10TH OCTOBER, 2008. P.C.: . Heard Mr.Halli, learned counsel for the applicants and Mr.Saste, learned A.P.P. for the State. 2. The applicants are seeking bail in C.R.No.265 of 2008 of Bhosari police station, Pune. The said crime has been registered against the applicants for having committed an offence punishable under sections 302, 201, 386, 396, 143, 147, 148, 149, 120(B) of IPC. 3. At the outset Mr.Halli, learned counsel for the applicants prayed for bail on parity with one Ramesh @ Pavan Fulchand Chavan, who has already been released on bail by the Sessions Court vide order dated 12.3.2008. It appears that the present 2 2 2 applicants alongwith seven others, including Ramesh Chavan, have allegedly committed the offence on 27.7.2006 in which one Nandkumar Seth was mercilessly beaten and killed. It is alleged that the applicants were present at the scene of offence and were armed with weapons. However, the allegations of actual assault is against Nitin Dhotre, Babu Patole and Pramod Shelar. In other words the complainant and the other witnesses have attributed overt act to these accused, who allegedly assaulted Nandkumar Seth, with lethal weapons in their hands on his head and right hand. I perused the post mortem notes which show that the deceased sustained only two injuries. The accused Ramesh Chavan was also present at the time of incident. The role attributed and allegedly played by Ramesh and the present applicant is absolutely identical. Mr.Halli submitted that the applicants did not actually assault the deceased. They were simply present at the time of occurrence of the incident. Keeping that in view and considering that Ramesh has already been released on bail by the Sessions Court, in my opinion, the applicants are also entitled for bail. Hence I pass the following order: . The applicants be released on bail in the sum of Rs.25,000/- each with one or two sureties of the 3 3 3 like amount subject to the condition that the applicant shall report to the concerned police station on every first and third Saturday between 10.00 a.m. and 11.00 a.m. till the conclusion of 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 the order. (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)