1 Cri-A-4395-4464-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO.4395 OF 2010 WITH CRIMINAL APPLICATION NO. 4464 OF 2010 CRIMINAL APPLICATION NO. 4395 OF 2010 Mr. Bapu Shirmant Bagal ... Applicant/accused No.4 vs. The State of Maharashtra .. Respondent CRIMINAL APPLICATION NO. 4494 OF 2010 Mr. Ganesh Namdeo Hundare ... Applicant/accused No.3. vs. The State of Maharashtra ... Respondent Mr. J.Shekhar i/b. J.Shekhar & Co.Advocates, for the applicants Ms. P.P. Shinde, APP, for the respondent - State. Smt. G.P.Mulekar, APP, for the respondent (in Appln.No.4464/10). CORAM: J.H.BHATIA,J. DATE : 11th January, 2011. P.C. 1. The applicants in these two applications are arrested in Crime No. 155/2009 for the offences under Sections 307, 326, 147, 148, 149 of IPC along with some other sections by Kothrud Police Station, Pune. They seek bail by filing the present application. 2 Cri-A-4395-4464-10.sxw 2. Heard the learned Counsel for the applicant and the learned APP. 3. The prosecution case, in brief, appears to be that Sameer Madan Patil, who lodged the FIR, had some dispute with one Shrikant Pawar about parking of car about 1-1/2 month prior to this incident. Thereafter car of the complainant Sameer was damaged by some miscreants, including the present applicants. On 13.5.2009, when said Sameer along with his friend Vikrant Kokate was proceeding by Innova Car. Some persons armed with revolvers, swords, iron rods surrounded his car and Gajanan asked his companions to fire and kill these persons. As a result, one Pradip Kandhare and one Badya Shrikant Pawar fired from their revolvers, but nobody was injured. One Sagar Rajput assaulted the driver of the car with a sword and caused injury on his head. Glass was broken and the car was damaged. About that incident, report was lodged by Sameer Patil on the same day. As per the FIR, the present applicants - Bapu Bagal and Ganesh Hundare were also holding swords at the time of the incident. However, the FIR does not show that any of them had actually assaulted anybody. Their role was only in surrounding the car. The medical report of driver Navanath Devkar reveals that he had suffered one incised lacerated wound on his head. No grievous hurt suffered by him. The applicants are in custody since 14.5.2009. Investigation was completed and charge-sheet was filed. 3 Cri-A-4395-4464-10.sxw 4. Taking into consideration the facts and circumstances, noted above, the applicants be released on their executing P.R. of Rs.25,000/- each with one or two sureties in the like amount, with condition that they shall not tamper with the prosecution evidence and shall attend the Kothrud Police Station on every Sunday between 11 a.m. to 1 p.m. till end of the trial. (J.H.BHATIA,J.)