1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION NO. 1573 OF 2010 (Jaigopal Gajanan Thakre and another .v. State of Maharashtra) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Shri Anil Mardikar, Advocate for the applicants. Shri S.M. Bhagde, APP for the respondent/State. CORAM : PRASANNA B. VARALE, J. 18TH OCTOBER, 2010. Heard. By way of present application, the applicants are seeking regular bail in Crime No. 73/2010 registered with the Police Station, Borgaon Manju, District Akola for the offence punishable under Sections 147, 148, 149, 307 of the Indian Penal Code. The report came to be lodged on 07.06.2010 wherein it is stated that one Balu Telgote and Rahul Sirsat were assaulted by the applicants along with the other persons namely Gopal Gajanan Thakre and Sandip Gajan Thakre. Reply is filed by the learned APP and the record is also produced. Perused the reply and the record. The statements of Balu Telgote and Rahul Sirsat revel that on 07.06.2010, the applicants along with other persons were armed with weapons, namely, knife, iron rod and sticks and assaulted them. In the statemets, it seems that these witnesses have stated that the applicants gave successive blows of knife. The certificate produced on record of this victim shows that Balu had received two injuries measuring 2 inches x 1 cm and 2 inches x 1 cm. Another certificate issued by Amrut Hospital shows that Rahul was admitted only for three days and was discharged after the treatment. Though there is no certificate available on record, Shri Anil Mardikar, the learned Counsel for the applicants submits that Balu was also discharged within three days from the hospital. He 2 further submits that the other accused against whom the allegations are that they assaulted the victims with sticks and iron rods are already released on bail by the Sessions Court. He further submits that the investigation is concluded, the statements are recorded and it is also not the case of the investigating agency that they have to proceed further and recover anything from the accused persons. He further submits that the applicants are ready and willing to cooperate with the investigating agency and they will abide by the conditions imposed upon them by this Court. The learned Counsel for the applicants invites my attention to the two judgments of this Court in the case of Masoom Birham Tadvi .v. State of Maharashtra (reported in 2004(2) B.Cr.C., 556) and in the case of Anil alias Bapu Balasaheb Marne .v. State of Maharashtra (reported in 1995(2) B.Cr.C., 144). In my opinion, as the investigating agency has completed the investigation, charge sheet is also filed, further detention of these applicants is not necessary. The Certificates on record show that the victims were discharged from the hospital within a span of three days. Prima facie case is made out. The interest of investigating agency can be protected by putting the applicants on conditions. In the result, the application is allowed. The applicants be released on bail on furnishing PR bond of Rs.20,000/- (rupees twenty thousand only) each with one surety each in the like amount, on the following conditions. (i) The applicants to cooperate with the investigating agency and attend the Police Station, Borgaon Manju on every 2nd and 4th Sunday between 09:00 a.m. and 12:00 noon for three months. (ii) The applicants shall not tamper with the evidence nor commit any act such as contacting the prosecution witnesses or pressurize them. (iii) The applicants to submit his residential addresses and their contact numbers such as phone/mobile numbers to the 3 investigating agency. (iv) In case the applicants are moving out of the area of Police Station, Borgaon Manju, they shall inform the Police Station about their visit to other place. In case of breach of these conditions, the prosecution agency to take necessary steps in accordance with the provisions of law. JUDGE *rrg.