1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2204 OF 2009 Vijay Dinkar Gondhali & Ors. .. Applicants. Vs. State of Maharashtra .. Respondents. Mr.S.V.Marwadi i/b Sunita Sharma for the applicants. Mr.J.P.Yagnik A.P.P. for the State. Mr.Priyatosh Tiwari for the intervenor. Coram: D.B. BHOSALE, J. Dated : 9TH JULY, 2009 P.C. Heard learned counsel for the applicant and the intervenor and learned A.P.P. for the State. 2. The applicants are seeking bail in C.R.No.I-171 of 2008 of Shil-Dighar police station, District Thane. The crime has been registered against the applicants and others for having allegedly committed an offence punishable under sections 302, 307, 325, 324, 323, 504, 506, 143, 147, 148, 149 of IPC and sections 4, 27 of Arms Act and section 37(i), 135 of Bombay Police Act. 3. In the present case, including the applicants, there are 35 accused. Mr.Marwadi, learned counsel for the applicants, at the 2 outset submitted that none of the eye witnesses, has named the present applicants in the statement recorded immediately after the occurrence. The present applicants, Mr.Marwadi submitted, were named for the first time by Bhagwan Gondhali, in his supplementary statement recorded on 10.11.2008. The date of the incident is 29.10.2008. I have perused the supplementary statement of Bhagwan Gondhali. He has stated that the present applicants were also amongst the other assailants, who assaulted him and others on 29.10.2008. So far as the applicants are concerned, he has stated, that they assaulted him with sword and axe. Till the supplementary statement of Bhagwan Gondhali was recorded on 10.11.2008, none of the witnesses named the present applicants as assailants. Thereafter, on 13.11.2008 statements of few more witnesses were recorded, namely, Ananta Gondhali, Chhaya Gondhali, Mayuri Gondhali and Kanchan Gondhali. They all have named the present applicants as assailants. However, they have made general allegations against the applicants. Looking to the delay and the manner in which the applicants are named by the aforesaid witnesses I am inclined to grant this application for bail. Hence the following order: Applicants to be released on bail in the sum of Rs.10,000/- each with one or two sureties to make up the said amount, subject to the conditions that the applicants shall 3 not enter village Bamrli, Taluka and District Thane for a period of three months from today and thereafter they shall report to the concerned police station on every Saturday between 10 and 11 am till conclusion of the trial. They shall keep informed their address to the concerned police station where they propose to stay during the period of three months and shall report to the nearest police station from the place of their residence on every Saturday between 10 and 11 am. While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case uninfluenced by the observations made in this order. Application is disposed of. (D. B. Bhosale, J.)