1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 465 OF 2009 IN CRIMINAL APPEAL NO. 216 OF 2006 Manojkumar Rambabu Mandal ...Applicant @ Govindsing Bihari Vs. The State of Maharashtra ...Respondent Mr.I.S.Thakur i/b. Shraddha Mohite for Applicant Mr. V.B. Konde Deshmukh, A.P.P. CORAM: SMT. RANJANA DESAI & SHRI. R.G. KETKAR, JJ. DATED : 29TH APRIL, 2009 P.C. 1. The applicant was tried along with 6 others by the Sessions Court, Alibaug in Sessions Case No.62 of 2004 and 57 of 2005. By judgment and order dated 21st December, 2005 out of 7 accused 4 accused were acquitted. Accused 1,2 & 3 were convicted under Section 302 r.w. Section 34 of the Indian Penal Code and sentenced to life imprisonment. The appeal preferred by the applicant is admitted. This is his application for bail. 2. At the outset it is pointed out by the learned counsel for the applicant that accused 1 and 2 have been released 2 on bail by this Court. He submitted that the role attributed to the present applicant is similar to accused 1 and 2 and therefore, on parity he should be released on bail. 3. We have also heard learned A.P.P. We find that by order dated 10th July, 2006 this Court has released accused 2 on bail by observing that the role attributed to accused 2 was that he had thrown stones on the bonnet of the car. This Court also noted that the F.I.R is lodged against unknown persons. By order dated 20th June, 2007 this Court released accused 1 on bail by observing that P.W.6 Ratnesh Kumar has stated in the evidence that accused 1 assaulted the victim by weapon. Ratnesh Kumar took part in the test identification parade. He had identified accused 1 as a person giving fist blows. Describing this as a major contradiction accused 1 was released on bail. 4. It is pointed out to us by Mr. Thakur that P.W.6 has stated that the applicant had assaulted the deceased along with accused 1 Veerandra, who has already been released on bail. Learned counsel has pointed out that P.W. 6 Ratnesh Kumar has identified the present applicant as a person who was holding the car door of the 3 deceased. As stated by this Court in its order dated 20th June, 2007 this would also account to a major contradiction. In our opinion, therefore, on parity the present applicant must be released on bail. Hence, following order. O R D E R 1. The applicant Manojkumar Rambabu Mandal @ Govindsing Bihari be released on bail in the sum of Rs.10,000/- with one or 2 local sureties in the like amount. 2. While on bail the applicant shall attend Khopoli Police Station once in a month. 3. Application is disposed of. (SMT. RANJANA DESAI, J.) (SHRI. R.G. KETKAR, J.)