IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO. 1098 OF 2008 APPLICATION NO. 1098 OF 2008 APPLICATION NO. 1098 OF 2008 IN IN IN CRIMINAL CRIMINAL CRIMINAL APPEAL NO. 476 OF 2007 APPEAL NO. 476 OF 2007 APPEAL NO. 476 OF 2007 Ankush Dinkar Dhaygude ] .. Applicant Versus State of Maharashtra ] .. Respondents Mr. R.B. Paranjape for the applicant. Dr. F.R. Shaikh, APP, for the respondent - State. CORAM: S.B. MHASE & A.A. SAYED, JJ. DATED: 17TH OCTOBER, 2008 P.C. : 1. We have heard the learned counsel for the applicant and the learned APP. 2. We asked the learned APP as to what was the specific role of accused No.6 in the offence. He stated that accused No.6 had brought the stick from the house. However, he was unable to point out any assault being done by the accused No.6 qua the deceased. He tried to pursuade us that in view of the provision of section 34, accused No.6 shared a common object and that he should not be granted bail. 3. Common object is a point which needs to be : 2 : scrutinized at the time of final hearing. No doubt that there is a finding of section 149 IPC of common object. However, looking to the role attributed to him that he only brought a stick and appears to have not assaulted any person, we are inclined to grant bail to the accused No.6. 4. Accused No.6 be released on bail of Rs.10,000/- with a like surety. 5. Criminal Application, accordingly, stands disposed of. Sd/- Sd/- [A.A. [A.A. [A.A. SAYED, J.] SAYED, J.] SAYED, J.] [S.B. [S.B. [S.B. MHASE, J.] MHASE, J.] MHASE, J.]