APPA. 1186-11 - 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 1186 OF 2011 IN CRIMINAL APPEAL No. 1206 OF 2011 Vivekanand N. Jadhav & Ors. ... Applicants Vs. The State of Maharashtra ... Respondent *** Mr. Jaydeep D. Mane, for the Applicant. Mr. K. V. Saste, APP for the Respondent. *** CORAM : V. M. KANADE, & A. M. THIPSAY, JJ. DATE : SEPTEMBER 28, 2011 PC: 1. Heard the learned counsel appearing on behalf of the applicants and the learned APP for the State. 2. The applicants herein are the original accused Nos. 4, 6 and 7 and they have been convicted along with other accused by the Sessions Court, Solapur for the offence punishable under S. 302 read with Section 149 of the I.P. Code, and other sections of the Indian Penal Code, and sentenced to suffer rigorous imprisonment for life and to pay fine of Rs.5,000/- each. APPA. 1186-11 - 2 - 3. The prosecution case is that accused No. 1 assaulted the deceased Manoj with an iron rod on his head. So far as role attributed to present applicants i.e. accused Nos. 4, 6 and 7 is concerned, it is their case that they arrived at the scene of offence after the assault on the deceased Manoj by accused Nos. 1 and 2 was over. The only allegations against accused No. 6 is that he assaulted one Rajesh Gaikwad by giving him blows with kicks and fists. 4. Since it is an admitted position that the applicants arrived at the scene of offence after the assault on deceased Manoj by accused Nos. 1 and 2 was over, it is doubtful whether they can be implicated for the offence punishable under Section 302 read with Section 149 of the I. P. Code. Under these circumstances, we are of the view that the applicants deserve to be released on bail. 5. The applicants be released on bail on execution of P.R. bond in the sum of Rs.10,000/- with one or two sureties in the like amount. The applicants shall, however, report to the concerned police station once in a month. . The criminal application is accordingly disposed of in the aforesaid terms. [A. M. THIPSAY, J.] [ V. M. KANADE, J.]