((-1-)) mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1090 OF 2008 IN CRIMINAL APPEAL NO.808 OF 2008 Chandan Ashok Kakade Applicant versus The State of Maharashtra Respondent Deepak Shinde for applicant. J.P.Yagnik, APP for the State. CORAM : A.S.OKA, J. DATE : 12th March 2009 PC : 1. Heard advocate for the applicant. The applicant is accused no.6. I have also heard learned APP for the State who has opposed this application for bail. 2. My attention has been invited to order dated 5th September 2008 passed by this Court by which appellant nos.1,2,3 and 5 were enlarged on bail. By the said order passed in Criminal Application No.947 of 2008, this Court observed that the application made by the present applicant was not pressed with a liberty to file a fresh application. This ((-2-)) fresh application filed by the applicant was placed before the learned Judge who had passed the earlier order. By order dated 18th November 2008, the learned Judge observed that as the case of the applicant was not considered by him on merits, the application should be heard and decided by the regular Court and accordingly present application is placed before this Court. 3. From the judgement it appears that the applicant (accused no.6) was in custody from 27th January 2004 to 21st February 2006 and thereafter he was enlarged on bail under the orders of this Court. From the date of judgement i.e. 23rd July 2008 the applicant is in custody. 4. As per the prosecution case and especially the evidence of PW-9 Sanjay Jadhav the accused persons were holding sticks, sword, stump and bottle in their hands. He stated that accused no.2 Yogesh had broken the bottle in his hand and assaulted on the head of Dipak by the broken bottle. It is stated that accused no.6 assaulted the deceased Dipak by a stump. He further stated that accused no.3 Pintya ((-3-)) assaulted the deceased Dipak by a sword and the accused nos.4,5 and 7 assaulted the deceased Dipak by Sticks. As stated earlier, by the earlier order passed by this Court, this Court has enlarged appellant nos.1,2,3 and 5 on bail. Appellant no.1 is accused no.3. Appellant no.2 is the accused no.4. Appellant no.3 is accused no.5. The appellant no.5 is accused no.7. The accused nos.4, 5 and 7 have allegedly assaulted the deceased by sticks. 5. Thus, this Court has enlarged on bail the accused who have allegedly assaulted the deceased by sticks. The allegation against the accused is that he has assaulted the deceased by a stump. 6. In view of the order dated 18th November 2008 read with order dated 5th September 2008, a case is made out for enlarging the applicant on bail subject to stringent conditions. Hence, I pass following order :- (a) The applicant shall be enlarged on bail in the sum of Rs.10,000/- (Rs.Ten thousands only) with one or two local sureties in the like amount; ((-4-)) (b) The applicant is enlarged on bail subject to the condition that after the applicant is enlarged on bail, he will not enter the city of Phaltan till final disposal of the appeal; (c) The order granting bail will be given effect to only after the applicant furnishes the detailed address of the place where he wishes to stay after enlargement on bail; (d) After the applicant is enlarged on bail, he will report to the local Police Station twice a month till disposal of the appeal. (A.S.OKA, J.)