1appln-2686-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION No. 2686 of 2010 Mrs Zainab Habib Shaikh and 2 others .. Applicants. v/s The State of Maharashtra and Anr .. Respondents. Ms Pranali Kakade, Advocate i/by Mr Subhash Hulyalkar, for the Applicants. Mr K. V. Saste, A.P.P.for the State. CORAM:- A.R. JOSHI, J. DATE :- 7TH JULY, 2010. P.C.:- 1. Heard rival submissions at length today and also on the previous date i.e. 23.6.2010. 2. It appears that allegations against the present three women applicants are that on the date of the incident along with their associates they assaulted the complainant – first informant, a lady Advocate. This happened in the court 2appln-2686-10 compound of the District Court, Pune. About 20 to 25 people created an atmosphere of terror and riot like situation. A complaint was lodged by lady Advocate on the night of the incident which took place at about 2:00 p.m. in the afternoon. Admittedly and as brought to the notice of this Court on behalf of the applicants that the main accused No.1 in the present matter had also approached the concerned Police Station much prior in point of time on the same date of the incident lodging complaint against the rival party members alleging that said rival party members had assaulted on said accused and his other associates and in fact one of their associates was murdered by the rival party members who were accompanying the complainant Advocate in the present matter. Apparently, such incidences occurred between two rival groups and in the open day light even in the court premises when there was easy opportunity for rival members to assault on the rival gang members when they were being transported to and fro for the court proceedings. All the same, allegations against the present applicants are that they were members of the group which had assaulted on the complainant – lady Advocate. 3. On perusal of the record and after hearing rival submissions, admitted position emerged that names of the present applicants are nowhere appearing in the F.I.R. or in the statements of any of the witnesses as the assailants. Admittedly, there is no test identification parade as to any of the witnesses identifying these applicants as assailants. The applicants are in custody since the date of the incident i.e. since May, 2010 and as such considering material against them, as alleged, they can be released on bail during the pendency of the matter by imposing certain conditions as to attendance at concerned police station. 3appln-2686-10 Hence, the following order. ORDER (a) Criminal Application No. 2686/2010 is allowed. (b) Applicant Nos.1 to 3 (accused in C.R.No. 88/2010 registered with Shivajinagar Police Station, Pune) shall be released on bail on their executing P.R.bond in the sum of Rs.10,000/-each with one surety in the like amount each. (c) After availing the bail, the applicants shall attend concerned police station once in a week on every Wednesday between 10-00 to 12-00 noon till the filing of the charge sheet. (d) Any observations made in this order shall not be construed as any finding or any expression of opinion on the merits of the case at the time of trial. (e) Application is disposed of in terms of this order. (A.R.JOSHI,J)