JUDGMENT

Arijit Pasayat, J.-Leave granted.

2. The State of Maharashtra calls in question legality of the order passed by a learned Single Judge of the Bombay High Court granting bail to respondents (hereinafter referred to as the accused ).

3. Background facts necessary for disposal of the appeal are essentially as follows:

On 20.11.2000 one Hanumant Vithal Choudhary (hereinafter referred to as the deceased ) met homicidal death due to attack by several persons. The law was set into motion against six persons including the respondents. Though they were specifically named in the first information report implicating them as accused, they could not be arrested till 3.5.2002 and 20.5.2002 respectively allegedly on the ground that they had absconded. After they were arrested, test identification parade was conducted where they were identified. Charge-sheet has been filed indicating commission of offences punishable under Section 302 of the Indian Penal Code, 1860 (in short the IPC ). While the matter stood thus the respondents filed an application for bail before the Bombay High Court which by the impugned judgment accepted the prayer for bail, primarily on the ground that charge-sheet w