1 BA-1675-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 1675 OF 2011 Yogesh Anil Karmarkar ... Applicant vs. State of Maharashtra ... Respondent Ms. P.V.Badadare, i./b. Shri P.R.Arjunwadkar,Advocate, for the applicant. Mr.Y.M.Nakhwa,APP for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 24th November, 2011. P.C. 1. Prosecution case in brief is that on 29.12.2010, at about midnight, in a Beer Bar while passing one person got dashed by Datta Patil without any intention. Due to this, that person looked towards Datta Patil angrily. Datta Patil reciprocated. Due to this, that another person abused Datta Patil and thereafter he assaulted Datta Patil with a chopper. He also assaulted one Sudhakar Patil, a companion of Datta Patil and caused injuries. Three other companions also gave first and kick blows and thereafter all of them escaped by two cars. Later on, four accused persons were arrested and they were identified during test identification parade. Pradip Tannaji Khilare is identified as the person, who had actually assaulted Datta Patil and Sudhakar Patil with chopper. Other three were 2 BA-1675-11.sxw his companions. In view of this two other accused i.e. Laxman and Ashwin were granted bail by this Court. The present applicant Yogesh is a third companion of said Pradip. The case of the present applicant cannot be distinguished from the case against Laxman and Ashwin. 2. Therefore,the applicant be released on his executing P.R. of Rs. 25,000/- with one or two sureties to make up the amount in C.R. No.181/2010 registered with Shil Daighar Police Station, District Thane, with condition that he shall not tamper with the prosecution evidence. (J.H.BHATIA,J.)