1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1631 OF 2010 1 Balasaheb Bharat Mule ) 2 Dashrath @ Pappu Kumar Mule )..Applicants Vs. The State of Maharashtra )..Respondent ---- Mr. Rahul S. Kate i/by Makarand A. Utagikar for the applicants. Smt. V. R. Bhosale APP for the State. ---- Coram : R.S.MOHITE,J Date : 26 th April, 2010 PC 1 This is an application for grant of bail. The applicants are original accused nos.5 & 6 in C.R.No.36 of 2010 registered by the Tembhurni police station for alleged offences under Sections 395, 341, 363, 323, 504 & 506 of IPC. The incident in question took place on 20.2.2010. It is the case of the complainant that some un-known persons, one of whom was armed with the gun way laid the tempo wherein he was carrying his bufellows and committed dacoity by taking away the bufellows. In so far as present applicants are concerned, they were arrested on 28.2.2010 and an identification parade was held on 17.4.2008. The complainant who was the only eye witness put up did not identify the present applicants. According to the prosecution two bufellows have been recovered from one of the applicants i.e applicant no.5 on 4.3.2010. The additional statement of the Complainant in respect of these two bufellows is not recorded. Be that as it may, taking into account that the present applicants were not identified and were not alleged to have 2 committed any overtacts, I am inclined to grant bail to them. It is therefore directed that pending their trial in connection with C.R.No.36 of 2010 registered by Tembhurni police station, the applicants may be released on bail in the sum of Rs.20,000/- each with one surety each in the like amount subject to the condition that they will report to the Investigating officer once a week on every Monday between 11.00 A.M and 3.00 P.M till the charge-sheet is filed and thereafter once a fortnight on 1st and 3rd Mondays of every month till the conclusion of the trial. Bail is granted on the further condition that they should not tamper with the witnesses and should remain present on all dates of their trial unless exempted. Application stands disposed off. (R.S.MOHITE,J) 3