abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 545 OF 2008 1. Mahesh Shivaji Bhosale 2. Chetan Sunil Kale 3. Tushar Prabhakar Shingate 4. Vikas Ananda Rasal 5. Bhujang Nana Bhakare 6. Sagar Kashinath Nakhade 7. Nitin Bhagwan Waghmare 8. Vijay Ramdas Chavan 9. Mohan Shivaji Khamkar 10. Manoj Vilas Dhotre 11. Narendra Chandrakant Kakade 12. Kailas Ashok Raut 13. Anil Gulab Langhe 14. Kaniphnath Chandar Bhakare 15. Sandip Apparao Nichal 16. Sidhnath Dharma Shinde 17. Nandu Ganpat Khandkar 18. Kiran Laxman Jadhav 19. Mangesh Sitaram Karanjkar .. Applicants V/s The State of Maharashtra .. Respondent Mr.A.P. Mundargi i/b Mr.K.S. Patil for the applicants. Mr.D.P. Adsule, A.P.P. for the State. CORAM : D.G. KARNIK, J. DATE : 5TH MARCH 2008 P.C. P.C. P.C. : 1. Heard. - 2 - 2. By this application, the applicants seek bail in connection with an offence registered with Khandala Police Station, Satara under C.R. No.10/2008 for the alleged offence punishable under sections 143, 147, 148, 326, 307, 332, 353 and 427 of the Indian Penal Code. 3. The applicants are workers working in Universal Construction Machinery and Equipment Pvt. Ltd., Sangavi, Taluka Khandala, District, Satara (for short "the Company"). There exists an industrial dispute in the Company and some of the workers are on strike. It appears that there are two groups in the workmen, some favour the strike while some want to work. The applicants belong to the group which is against the strike. It is alleged that there was a gate meeting of the striking workmen on 27th January 2008. While the complainant party was returning from the Company gate, they came across a company bus wherein the applicants were sitting. It is alleged that the applicants assaulted the complainant party workmen who were travelling in a minidoor vehicle. Some persons were injured. Injuries on some of them are said to be grievous and it is alleged that the assault was with a view to commit murder and thus an offence under section 307 of the I.P.C. has also been registered against the applicants. One thing however is clear that all the injured have survived. The assault is more than one - 3 - month old and there is no possibility of the offence being escalated to be one punishable under section 302 of the I.P.C. 4. The respondent State has opposed the bail by filing an affidavit in reply. In paragraph 7 of the affidavit in reply, it is stated that the identification parade was held and the witnesses have identified applicants no.2, 6, 8, 9, 10, 13 and 15 as persons who were present and/or involved in the assault. This means that the rest of the applicants were not identified. There is no convincing material on record to show that the remaining applicants were party to the assault. Hence, the persons who were not present at the site and who have not been identified are entitled to bail. As regards the persons who have been identified in the identification parade are not entitled to bail at this stage as the investigation is in progress. Learned A.P.P. submits that if they are released on bail, there is likelihood of further violence at their instance as the industrial peace is still not restored and the industrial atmosphere is surcharged. Submission is accepted. In the circumstances, I pass the following order: ORDER ORDER ORDER - 4 - Application of applicants no.2, 6, 8, 9, 10, 13 and 15, namely Chetan Sunil Kale, Sagar Kashinath Nakhade, Vijay Ramdas Chavan, Mohan Shivaji Khamkar, Manoj Vilas Dhotre, Anil Gulab Langhe and Sandip Apparao Nichal, is rejected. However, the remaining applicants, namely Mahesh Shivaji Bhosale, Tushar Prabhakar Shingate, Vikas Ananda Rasal, Bhujang Nana Bhakare, Nitin Bhagwan Waghmare, Narendra Chandrakant Kakade, Kailas Ashok Raut, Kaniphnath Chandar Bhakare, Sidhnath Dharma Shinde, Nandu Ganpat Khandkar, Kiran Laxman Jadhav and Mangesh Sitaram Karanjkar, are granted bail in connection with the offence mentioned above on each of them executing personal bond of Rs.15,000/- with one surety in the like amount subject to the following conditions:- (a) The applicants shall not make any inducement nor give any threats to any of the prosecution witnesses. (b) The applicants shall attend the concerned police station once a week on every Tuesday between 10.00 a.m. and 12.00 noon for a period of 2 months or till the filing of the charge sheet whichever is earlier. . The applicants, whose application is rejected, are at liberty to apply for bail after the investigation is completed or statutory period of maximum detention is - 5 - over, whichever is earlier. (D.G. KARNIK, J.)