1 APPLN 4155 OF 2010.sxw vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4155 OF 2010. Sudhakar Dunda Patil & ors .. Applicants -versus The State of Maharashtra .. Respondent. ...... Mr. H.S. Deshpande, for the Applicants. Mr. Y. M. Nakhwa, APP for the respondent-State. ..... CORAM: R.C. CHAVAN, J. DATED: 20th September, 2010 P.C. 1 Heard learned counsel for the applicants. This is an application for bail by four applicants who are stated to be members of unlawful assembly, which attacked Laxman Bhoir, Akash Bhoir, complainant Bharvi Bhoir and his wife Suchita Bhoir. The allegations are that one Amit Ananta Bhoir assaulted on the left leg of Suchita with stick and she sustained fracture. Therefore, the informant Bharvi Bhoir sought to intervene. He was also beaten by the members of unlawful assembly. At that time the father Laxman Bhoir came to their rescue and was severely injured. He later succumbed to his injuries. As a result of assault, injury was 2 APPLN 4155 OF 2010.sxw sustained by Akash Bhoir too. The learned counsel for the applicants submits that the injury was caused to Suchita by Amit Ananta Bhoir. He submits that Laxman Bhoir died only due to assault by Ananta Bhoir and therefore, it is improbable that the applicants were authors of injury to deceased Laxman. The learned Additional Public Prosecutor rightly points out that there are also other injuries on the person of victim which are not inconsistent with the story of assault by members of unlawful assembly armed with sticks, chopper etc. Learned counsel for the applicants states that still the role of the applicants has to be distinguished and therefore, it is not necessary to detain the applicants in jail. He submits that the applicants are in jail since 10th April,2009 i.e. one and half years. In view of these facts, he seeks their enlargement on bail. 2 It is difficult to ascertain at this stage the exact role of each member of unlawful assembly and the applicants to admit them to bail by distinguishing role of each of them. Whether they can be held guilty as members of unlawful assembly for acts done in prosecution of common object would have to be decided at the trial and no opinion can be expressed at this stage. In view of this application is rejected. 3 APPLN 4155 OF 2010.sxw 3 The learned APP states that he would instruct the concerned police officer to see that all the witnesses remain present on the dates fixed for trial. The learned Trial Judge shall endeavour to proceed with the case as expeditiously as possible and shall dispose of the same by conducting the same on day to day basis, as the applicants are in jail since last one and half year. (R. C. CHAVAN, J.)