1 ABA 304-2011 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.304 OF 2011 1. Chandrakant Dattaram Malik ..Applicants 2. Laxman Sakharam Naik 3. Ramkrishna Vasudev Gawas V/s. The State of Maharashtra ..Respondent Mr.Rajiv Patil i/b. Mr.B.G.Tangsali, Advocate, for the Applicants Mrs.P.P.Shinde, APP, for the Respondent  State Mr.V.V.Katti, Advocate, for the original Complainant CORAM : R.C.CHAVAN, J. DATE : 18TH APRIL, 2011 P.C. . Heard the learned Counsel for the respective parties. 2. This is an application for anticipatory bail by three persons, who apprehend arrest in connection with C.R.No. 18 of 2011 for the offence punishable under Sections 307, 143, 147, 148, 149 of the Indian 2 ABA 304-2011 Penal Code & under Section 3, 25(1) (a) of the Arms Act registered with Dodamarg Police Station, District Sindhudurg. 3. The allegations against applicant Nos. 1 & 2 that is Chandrakant Malik & Laxman Naik is that they were only present. Naik is alleged to have said that Chandrakant would teach politics to the first informant. As far as applicant No.3 Ramkrishna is concerned, he had instigated Ganesh alias Siddhalo Janu Gavas to fire a gun and Ganesh dutifully complied. The gun shot injured the first informant. Ganesh was arrested and has been bailed out. Considering the role attributed to the applicant Nos.1 & 2 that is Chandrakant Malik & Laxman Naikare though the learned APP states that there are Criminal antecedents of these two applicant Nos.1 & 2, their presence in custody for the purpose of investigation may not be necessary. In so far as applicant No.3 is concerned, he was the instigator. He 3 ABA 304-2011 must follow the regular course of investigation. 4. In view of this, Criminal Application is allowed. Applicant Nos.1 & 2 be released on bail on their furnishing P.R.Bond of Rs. 15,000/- each with one or more solvent sureties in the aggregate sum of Rs.15,000/- on the following conditions. (i) The applicant Nos.1 & 2 shall report at the Dodamarg Police Station, District Sindhudurg for interrogation on 25th April, 2011 at 11.00 a.m. and thereafter, as and when required by the investigating officer. (ii) The applicants shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer. (iii) The applicants shall not leave India without the previous permission of the Court. 5. In so far as applicant No.3 is concerned, his application is rejected. . The order will remain in force till the trial is over with the only stipulation 4 ABA 304-2011 that if charge sheeted the applicant may furnish fresh bonds before the trial Court in view of the Judgment of the Supreme Court dated 2nd December, 2010 delivered in Special Leave Petition (Cri.) No.7615 of 2009 (Siddharam Satlingappa Mhetre vs State of Maharashtra And Ors.). (R.C.CHAVAN, J.)