1 svks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION .2019 OF 2009 AND CRIMINAL APPLICATION NO.2035 OF 2009 Shri.Ajinkya Shivaji Sapate and another ..Applicants IN Appl no.20l9of09 Shri.Sanjay Devidas Sathe and another Applicants. In Appln No.2035 of 09 -versus The State of Maharashtra .. Respondents Shri. J.Shekhar, i/b J.Shekhar & Company ,for the applicants. Shri V.B. Konde Deshmukh, APP for the state. CORAM: R. G. KETKAR J (Vacation Judge) DATED: 20th May, 2009 2 P.C. 1. The applicants have preferred these applications under section 439 of the Code of Criminal Procedure, l973, in connection with offence u/s 395, 397 Indian Penal Code registered under CR No.76 of 2009 with Pandharpur Taluka Police Station. One Shri. Ananta Nana Chavan, resident of village Suste, a hotelier made report with the police that on March 22, 2009 at about l2.00 noon, while he was in his hotel, the applicants/accused came in a jeep and motorcycle. At that time, customers were also having refreshments in the hotel. It is alleged that the applicants were armed with sword, sticks and other weapons and started assaulting the complainant as also the persons sitting in the hotel. They robbed an amount of Rs.l5,000/- which was kept in the cash counter for paying to the workers in the hotel. It is further alleged that the applicants also removed golden ring of one tola. After taking the valuables, they also damaged one Maruti van standing in front of the hotel. After assaulting the complainant and other witnesses, the applicant flew away 3 from the same. 2. The applicants were arrested on March 23, 2009. They took out application for bail before the learned Sessions Judge, who by order dated April 2l, 2009, rejected their applications. I have heard Mr.Shekhar Jagtap, learned counsel for the applicant and Mr V.B.Konde Deshmukh, learned APP for the State. 3. Mr.Jagtap contended that one of the applicant Ajinkya Sapate was a successful bidder for excavation of sand from basin of Bhima river. He had submitted highest bid of Rs.38,00,000/-, whereas one Dilip Tukaram Ghadage, was second highest bidder in the bidding. The applicant No.l, Shri.Ajinkya Sapate was declared to be highest bidder. He invited my attention to the statement of informant and also pointed out that in the background of the case, it is highly improbable that for an amount of Rs.l5,000/- about l8 persons will attack the hotel of the complainant along with sticks, swords and other weapons in the broad day light. He also pointed the Medical certificate indicating the nature of injuries viz simple 4 injuries. The applicants have also filed counter complaint. He also invited my attention to the statement of the complainant where specific allegation is made about abuses given by these persons to Shri.Dilip Ghadge, the second highest bidder. 4. As against this, the learned APP submitted that the applicants were armed with weapons and assaulted the complainant. They robbed an amount of Rs.l5,000/-, removed one gold ring and also damaged the property. 5. Considering overall facts and circumstances of the case, in my view the applicants are entitled to be enlarged on bail. Hence following order. Order. i) The applicants viz. Shri.Ajinkya Shivaji Sapate and Shri.Vivek Audamber Mandve in Criminal Application No.20l9 of09 and applicants viz Sanjay Devidas Sathe and Mahesh Sathe, in Criminal Application No.2035 of 2009, are enlarged on bail in CR No.76 of 2009 registered with Pandharpur Taluka Police station u/s 395, 397 IPC. 5 ii) The applicants are enlarged on bail, on their executing PR bond of Rs.l5,000/- with surety in the like amount. iii)The shall not directly or indirectly tamper with the prosecution evidence. iv)The applicants shall attend Pandharpur Police station once in a week between ll.00 am and l.00 pm for a period of one month from the date of release and thereafter as and when called by the Investigation Officer till the filing of the chargesheet. v) The applicants shall co-operate with the IO in investigation. vi)The applicants are permitted to furnish cash surety by depositing of Rs.l5,000/- as provisional cash surety for a period of four weeks from today. vii)The applications stand disposed of. (R.G. KETKAR, J)