1 CAG-2775.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2775 OF 2010 Subhash Sambhaji Madne .... Applicant Vs. State of Maharashtra .... Respondent WITH CRIMINAL APPLICATION NO.2774 OF 2010 Sachin Balaso Yadav .... Applicant Vs. State of Maharashtra .... Respondent Shri Hiten S. Venegaonkar for the Applicant in both the Applications. Ms S.D. Shinde, APP, for the State in CA-2775/2010. Ms Geeta Mulekar, APP, for the State in CA-2774/2010. CORAM: R.C. CHAVAN, J. DATED: AUGUST 24, 2010 P.C: 1. The applicants who allegedly participated in a murderous assault on one Dhanaji Patil seek enlargement on bail on the ground that two other persons, Adhik Tukaram 2 CAG-2775.10 Jamadade and Vishnu Shivaji Vibhute, who were also allegedly involved in the assault, have been bailed out by this Court by its orders in Criminal Application Nos.869 of 2010 and 865 of 2010. 2. The prosecution case is that the victim Dhanaji Patil was alleged to have stolen a tape-recorder from the tractor of one Dhanaji Farne about two months prior to the incident. On the incidental night, the applicant Sachin in Criminal Application No.2774 of 2010 called up the complainant Santaji Patil, brother of the victim, on telephone and asked him as what Santaji was doing about the tape-recorder. Thereafter, at midnight when Santaji returned home he found the victim lying dead. In the course of the investigation, four eye-witnesses - Sahaji Patil, Sunil Patil, Sanat Kumar Patil and Rajendra Appu Gade stated that the two applicants along with Adhik Tukaram Jamadade and Vishnu Shivaji Vibhute had participated in the assault launched by Dhanaji Farne. The two applicants are alleged to have beaten the victim with fists and kicks while Dhanaji Farne used a stick. The learned APP submits that the case of applicant Sachin is distinguished from that of Adhik Tukaram Jamadade and Vishnu 3 CAG-2775.10 Shivaji Vibhute who have been bailed out by this Court since Sachin had also made telephone calls to the victim s brother. Mere making of telephone calls would not aggravate the role of Sachin in the assault and merely because he made telephone calls in spite of the fact that he had only used fists and kicks in assaulting the victim, he could not be kept behind bars pending the trial when others similarly situated have been bailed out. In view of this, both these applications are allowed. The applicants be released on bail on their executing P.R. Bond of Rs.15,000/- each with one surety in the like amount. The shall attend the concerned police station once in a week on every Sunday between 10:00 a.m. to 12:00 noon till conclusion of the trial. Needless to say, the observations made herein shall not be construed as any finding or any expression of opinion on the merits of the case at the time of trial. The applications stand disposed of. (R.C. CHAVAN, J.)