IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4346 OF 2009 Ravindra @ Don @ Rajan Sonu Masavkar ...Applicant Vs. The State of Maharashtra ...Respondent ---- Shri G.T. Kamble i/b. Shri Amit Sale i/b. Shri R.D. Suryawanshi for Applicant Mrs. M.R. Tidake -APP for State ---- CORAM: V.M. KANADE J. DATE : 12TH NOVEMBER, 2009 P.C. ---- 1. Heard the learned Counsel appearing on behalf of the Applicant and the learned APP for the State. 2. The Applicant was arrested in C.R. No. I-283/2008 registered with Ambernath Police Station for the offence punishable under section 302 r.w 34 of the Indian Penal Code. 3. The prosecution case is that the Applicant along with two others assaulted the deceased Ramesh , who sustained injury on his head and later on succumbed to the said injury and died. 4. The learned Counsel for the Applicant has invited my attention to the statement of the eye witnesses who have stated that they have seen the altercations between the deceased Ramesh and Accused. It is further stated that one Ashok told Nandu to threw stone on the head of the deceased and promptly thereafter the Nandu took a big stone and threw on the head of the deceased, as a result of which he died. 5. No specific role has been attributed to the present Applicant in the said incident. Charge sheet is already filed. Taking into consideration the statement of the witnesses prima facie, it appears that the Applicant did not share the common intention of the other co-accused and, therefore, he deserves to be released on bail. 6. The Applicant be released on bail in a sum of Rs.5,000/- with one or two sureties in the like amount. He shall report to the concerned police station twice in a month. 7. Application is disposed of. (V.M. KANADE J.)