1 APPA.1387-2011 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1387 OF 2011 IN CRIMINAL APPEAL NO. 824 OF 2011 Premnath Pandurang Madhvi & Ors. ..Applicants. Vs. The State of Maharashtra. ...Respondent. ---- Mr. A.P. Mundargi Sr. Counsel i/b Mr. Ayaz R. Khan, for the Applicants. Mr. J.P. Kharge, A.P.P. for the State. Mr.Nitin Sejpal a/w Ms. Pooja Bhojne, for the original complaint. ---- CORAM: V.M. KANADE & M.L. TAHALIYANI, JJ. DATE : DECEMBER 20, 2011. P.C.:- 1. Heard learned counsel for the applicants, learned counsel for the complainant and learned A.P.P. for the State. 2. The applicant is convicted for the offence punishable under Section 302 r/w Section 149 of Indian Penal Code and is sentenced to 2 APPA.1387-2011 suffer R.I. for life. The prosecution case is that the applicant along with other co-accused assaulted the deceased with lethal weapons and as a result of which the deceased Rajesh succumbed to injuries and died. The incident took place on 11.3.2009 at about 10-45 p.m. The cross complaint has already been filed by the original accused against the complainant and others. However, two co-accused have been granted bail by this court by order dated 5.10.2011. It is submitted that the applicants are seeking bail on the ground of parity. 3. Learned counsel appearing on behalf of the complainant, however, submits that so far as the present applicants are concerned, though their applications for bail were granted on merits by the Trial Court, this Court should set aside the order of the Trial Court. 4. After having heard both learned counsel, we are of the view that the applicants are entitled to be released on bail on the ground of parity as the same role which is attributed to the applicants in Criminal Application No.1126 of 2011, have been attributed by PW Nos.1 and 3 to the present applicants. Though bail was not granted by this court that was during the pre-trial stage. After the trial is over, the Trial Court has 3 APPA.1387-2011 disbelieved other so called eye-witnesses and has only relied on the testimony of PW Nos.1 and 3. Even these two eye-witnesses did not attribute any overact to the present applicants. The applicants are, therefore, directed to be released on bail on execution of P.R. Bond in the sum of Rs.10,000/- with one or two sureties in the like amount, and shall report to the concerned Police Station once in a month. 5. Accordingly, the Criminal Application stands disposed of. (M.L. TAHALIYANI, J.) (V.M. KANADE, J.)