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. 4317 OF 2008 CRIMINAL APPLICATION NO. 4317 OF 2008 CRIMINAL APPLICATION NO. 4317 OF 2008 Mukesh Narsingh Survase ...Applicant vs. The State of Maharashtra ...Respondent Mr.Mahesh B. Zanwar for the Applicant. Mrs.M.H. Mhatre, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : JANUARY 28, 2009 DATED : JANUARY 28, 2009 DATED : JANUARY 28, 2009 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the applicant and APP for the State. 2. The applicant has been arrested in connection with an offence punishable under Sections 302, 393 read with 34 of the IPC registered vide C.R.No.24/2008 at Deho Road Police Station, Pune. 3. It is alleged that accused no.1 and others entered the jewellery shop and accused no.1 gave two blows with an iron rod on the head of two women who were there in the said shop. Accused No.1 was arrested at the spot. There is no material to indicate that the - 2 - present applicant shared the intention of accused no.1. The charge-sheet has been filed. 4. The learned APP has invited my attention to the telephone calls made by accused no.1 to the other accused. That by itself would not establish that the applicant had shared intention of accused no.1 who assaulted the two ladies who were present in the shop. 5. Under these circumstances, the applicant be released on bail in the sum of Rs.5000/- with one or two sureties in the like amount for the aforesaid offence. The applicant shall report to Dehu Road Police Station once in a month for a period of six months and thereafter, twice in a month till the disposal of the trial. 6. The application is disposed of. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)