1 pdp IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO. 462 OF 2009 IN CRIMINAL APPEAL NO. 364 OF 2009 Hindurao Rajaram Kathare and ors. ..Applicants (Org.Accused Nos. 1 to 9) Vs. The State of Maharashtra ..Respondent Mr. Rajiv. Patil with Mr. V.V. Purvant for applicants. Mr. D.P. Adsule, APP for State. CORAM: B.H.MARLAPALLE & R.Y. GANOO, JJ. November 18, 2009. P.C. 1. We have heard Mr. Patil with Mr. Purvant the learned counsel for the applicants. Mr. Adsule, the learned APP, appears for the State. 2. The applicants pray for being released on bail during the pendency of Criminal Appeal No. 364 of 2009 which they have filed. The said Appeal has been admitted by this court and all the appellants have been convicted and sentenced for the offences punishable under Sections 302, 148, 324, 323, 506, 504 and all read with Section 149 of IPC. 2 3. The prosecution has examined in all 10 witnesses and it claimed that PW 1, PW 2, PW 5, PW 6 and PW 9 were the eye witnesses / injured eye witnesses. A chart of the oral depositions of Pws 1, 2, 5, 6 and 9 assigning a specific role to all the accused in their oral depositions has been placed on record and the veracity of the same has not been disputed by the learned APP. It appears from the oral depositions of all these five eye witnesses that there is a specific role assigned to accused no.1 and accused no.2 causing injuries on the person of the deceased, whereas having regards to the role assigned to all other accused persons i.e. accused nos. 3 to 9 by all these five eye witnesses, we are satisfied that accused nos. 3 to 9 deserve to be released on bail by suspending the order of sentence under Section 389 of Cr.P.C. 4. Hence, the application is partly allowed and applicants-accused nos.3 to 9 are hereby directed to be released on bail, unless required in any other case, in the sum of Rs.15000/- each with one solvent surety in the like amount and on further condition that all of them shall report to the nearest police station i.e. Vaduj Police Station, District - Satara once in fortnight. The bail plea of applicant - accused nos.1 and 2 is hereby rejected. (R.Y. GANOO,J.) (B.H.MARLAPALLE,J.)