IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3916 OF 2009 1. Parmeshwar Jalindar Manjare 2. Rameshwar Jalindar Manjare ...Applicants Vs. The State of Maharashtra ...Respondent ---- Shri A.P. Mundargi, Senior Counsel i/b. Shri Priyal G. Sarda for Applicants Shri V.V. Purwant for the Complainant. Shri Y.M. Nakhwa – APP for State ---- CORAM: V.M. KANADE J. DATE : 9TH NOVEMBER, 2009 P.C. ---- 1. Heard the learned Counsel appearing on behalf of the Applicants , learned Counsel for the Complainant and the Learned APP for the State. 2. The Applicants have been arrested in connection with an offence punishable under sections 307, 323, 325, 147, 148, 149 504 and 506 of the Indian Penal Code and under section 25(1) (3) of the Arms Act vide C.R. No. 69 of 2009 registered with Pangri Police Station. 3. The Applicants are in jail since May, 2009. The other 4 accused have been released on bail. 4. The learned Senior Counsel appearing on behalf of the Applicants submitted that cross complaints have been filed by some persons from the Applicants' group against the Complainant and others and they had also sustained head injuries on account of assault with sharp weapons and hard and blunt weapons. He submitted that the charge sheet is filed and investigation is over. 5. The learned Counsel appearing on behalf of the Complainant submitted that there are number of criminal antecedents against the present Applicants and in the past also the Applicants had assaulted the members of the Complainant's group. He, therefore, submitted that if the Applicants are released on bail, they are likely to threaten the prosecution witnesses. 6. It is an admitted position that counter complaint has been filed by the members of the Applicants' group against the Complainant and his friends and the said complaint is also pending. In the past also, there have been cases of assault between the two groups and the said cases are also pending. Admittedly, members of the Applicants' group had also sustained injuries in the said incident which had taken place in the date of the incident. Since the charge sheet is filed and the investigation is over and the Applicants allegedly have committed an offence which is not punishable under the provisions of death or imprisonment for life, in my view, continued detention of the Applicants for an indefinite period is not necessary, particularly because the trial has not yet commenced. The apprehension expressed by the Counsel appearing on behalf of the Complainant and the learned APP for the State that the Applicants will threaten the prosecution witnesses, can be taken care of by imposing strict conditions on the Applicants. 7. For the aforesaid reasons, therefore, this is a fit case for grant of bail. The Applicants be released on bail in a sum of Rs.5,000/- each with one or two sureties each in the like amount. They shall not enter the jurisdiction of Barshi during the pendency of the trial. They shall not threaten any of the prosecution witnesses. They shall give their new addresses to the Superintendent of Jail before they are released on bail and report to the nearest police station from their new residence once in a month. Trial is expedited. 6. Application is disposed of. (V.M. KANADE J.)