.{1}. IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.90 OF 2008 IN CRIMINAL APPEAL NO.476 OF 2007 1. Mahadeo Shankar Dhaygude, 2. Namdeo Bapurao Dhaygude, 3. Ganpat Attamaram Dhaygude, 4. Kashinath Dagdu Dhaygude, 5. Sanjay @ Sandeep Sadashiv Dhaygude, & 6. Ankush Dinkar Dhaygude. ..Applicants. Versus The State of Maharashtra. ..Respondent. .. Mr.R.B.Paranjape, Adv. for the Applicants. Mr.A.R.Patil, APP, for the State. .. CORAM : S.B.MHASE AND CORAM : S.B.MHASE AND CORAM : S.B.MHASE AND SMT.V.K.TAHILRAMANI,JJ. SMT.V.K.TAHILRAMANI,JJ. SMT.V.K.TAHILRAMANI,JJ. DATED : MARCH 05, 2008. DATED : MARCH 05, 2008. DATED : MARCH 05, 2008. P.C.:- P.C.:- P.C.:- 1. Heard learned Advocate for the applicants and the learned APP for the State. 2. The applicants have been mainly convicted under Section 302 of IPC. The applicants are now seeking bail. 3. At this stage, Mr.Paranjape the learned Advocate .{2}. for the applicants states that as far as applicant No.6-Ankush Dinkar Dhaygude is concerned, he is not pressing this application for bail and seeks liberty to file a fresh application in respect of applicant No.6 at a later stage. Liberty as prayed for is granted. Hence, this application is being heard and disposed of in respect of applicant Nos.1 to 5 only. 4. As far as applicant No.1 is concerned, the evidence of witnesses including PW-1 Kashinath shows that he has given a blow of axe on the head of deceased Balasaheb. Evidence on record also shows that applicant No.3 Ganpat gave a blow with iron bar to the deceased. So also applicant No.4 Kashinath gave a blow with iron bar on the head of the deceased. The medical evidence shows that the deceased has sustained five injuries. As far as applicant No.2 is concerned, he had brought a stick from his house and assaulted Manoj on his head with the stick. The medical evidence on record shows that Manoj has sustained injury on the head. Hence as far as applicant Nos.1 to 4 are concerned, their application for bail is rejected. .{3}. 5. However, as far as applicant No.5 Sanjay @ Sandeep Sadashiv Dhaygude is concerned, there is no cogent and reliable material on record which implicates him. No witness has stated that applicant No.5 has assaulted the deceased or any of the witnesses. In this view of the matter, we are inclined to grant bail to applicant No.5. 6. Applicant No.5- Sanjay @ Sandeep Sadashiv Dhaygude to be released on bail in the sum of Rs.10,000/- (Rs.Ten Thousand Only) with one surety in the like amount. 7. Application is disposed of accordingly. [SMT.V.K.TAHILRAMANI,J.] [S.B.MHASE,J.] [SMT.V.K.TAHILRAMANI,J.] [S.B.MHASE,J.] [SMT.V.K.TAHILRAMANI,J.] [S.B.MHASE,J.]