IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.392 OF 2009 Ramesh Vithoba Mali ...Applicant Vs. The State of Maharashtra ... Respondent --- Shri V.V. Purwant for Applicant Mrs.M.H. Mhatre, APP for State ---- CORAM: V.M. KANADE J. DATED 6TH FEBRUARY, 2009 P.C. 1. Heard the learned Counsel appearing on behalf of the Applicant and the Learned APP for the State. 2. The Applicant has been arrested in connection with an offence punishable under section 302 and other related offences of the Indian Penal Code vide C.R. No. 124 of 2008 registered at Mangalwedha Police Station, Solapur. 3. The prosecution case is that there was a discussion between the Complainant and the members of his family regarding preservation of their ancestral land. The Applicant herein was also in the said group of person and there was some heated discussion between the Applicant and Suresh Vithoba Mali and, at that time, according to Suresh Vithoba Mali,11 persons came there and assaulted all of them because they had not voted in their favour during the election. 4. Taking into consideration this statement of Suresh Vithoba Mali, it is apparent that the present Applicant was not part of the group, who had came there within an intention to assault the Complainant and the others. 5. No role has been attributed by the Suresh Vithoba Mali to the present Applicant in his statement. The chargesheet has been filed. The Applicant, therefore, deserves to be released on bail. 6. The Applicant be released on bail in a sum of Rs.5,000/- with one or two sureties in the like amount. He shall report to the concerned police station once in a month. 7. Application is disposed of. V.M. KANADE J.