1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JUTISDICTION CRIMINAL APPLICATION NO. 4080 OF 2009 1. Shivaji Jagannath Kamble 2. Ravi Irrappa Korvi 3. Anil Yashwant More ... Applicants. V/s The State of Maharashtra ... Respondent. Mr. Ganesh Gole for the applicants. Mrs. S.D. Shinde, APP for the State. ALONGWITH CRIMINAL APPLICATION NO.4082 OF 2009 Rajendra Bapu Patil .... Applicant. V/s State of Maharashtra .... Respondent. Mr. H.S. Vengadkar for the applicant. Mrs. S.D. Shinde, APP for the State. CORAM: V.M. KANADE, J. DATE : 10TH NOVEMBER, 2009 2 P.C.: 1. Heard the learned Counsel for the applicants and the learned APP for the State. 2. Applicants have been arrested in connection with the offence punishable under sections 302, 143, 147, 148, 149 of the Indian Penal Code which is registered at Shivaji Nagar Police Station, Ichalkaranji vide C.R. No.69 of 2009. 3. Prosecution case in brief is that on 24/4/2009, deceased Arun Gaste had gone to settle dispute with Rama Shinde and Avinash Shinde and others and when Arun Gaste did not come back, his friends went in search for him and they saw Avinash Shinde armed with a sword and Rama Shinde who had iron dragger and four to five persons assaulting him with kicks and stones. In the supplementary statement of the complainant Akash Kamble, he has given names of other five persons who had accompanied Avinash Shinde and Rama Shinde and in the said supplementary statement, he states that he had learnt that these assailants had accompanied two main accused who were assaulting the deceased with kick blows and stones. The postmortem notes indicate that the cause of death 3 was haemorrhagic shock due to injury to vital organs of the body and there were several incised wounds and one fracture at left temporal region of the skull and one haematoma on the skull. These five assailants were later on identified by the witnesses. However, they have not stated the exact role of these five assailants. 4. Counsel appearing on behalf of the applicants submitted that, firstly, names of the present applicants were not mentioned in the FIR and even in the FIR, only role attributed to them was that they had assaulted the deceased with kicks and fist blows and some of them had thrown stones. He submitted that from the statements of witnesses, it was apparent that there is no clear material on record to indicate that these applicants shared common intention with the two assailants who had assaulted the deceased with the sword and dragger. 5. The learned APP appearing on behalf of the State, on the other hand, submitted that there was one fracture on the skull and the presence of these applicants was established as a result of identification of these applicants by eye witnesses. He submitted that there were several incised wounds on the person of the deceased and, as such, it was evident that these applicants 4 also shared common intention with the main assailants. 6. In the present case, charge-sheet has been filed. Applicants herein were arrested immediately after the said incident. The names of applicants, admittedly, are not mentioned in the FIR. In the supplementary statement, complainant has not stated from where he had learnt that present applicants were persons who were present at the scene of offence assaulting the deceased with fist blows and stones. None of the other eye witnesses also have attributed any specific role to these applicants. Though they are identified in the identification parade, the eye witnesses have not mentioned that which accused had given fist blows and which of the applicants had thrown stones. Since this is the material on record, in my view, applicants are entitled to be released on bail subject to certain conditions being imposed on them. 7. Applicants be released on bail in C.R. No.69 of 2009 registered with Shivaji Nagar Police Station, Ichalkaranji in the sum of Rs 5000/- each with one or two sureties each in the like amount. They shall not enter the jurisdiction of Shivaji Nagar Police Station, Ichalkaranji during pendency of trial. They shall give their new residential address to the Superintendent of Jail 5 before their release and shall report to the nearest Police Station from their new residence twice in a month. They shall not threaten any of the prosecution witnesses. 8. Both the applications are accordingly disposed of. (V.M. KANADE, J.)