1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3481 OF 2009 Yogesh Tanaji Pawar Nitin Madhukqar Londhe Dattatry Indrasen Thanmbi Kaka Ambu Pawar Dyaneshwar Zumber Takale Santosh Suresh Bhalerao ........ Applicants versus The State of Maharashtra ........Respondent. Mrs. Pranali Kakade adv. for the Applicant Mr. H.J. Dedhia APP. for the Respondent/State. CORAM: A. P DESHPANDE, J. DATED : 20th August, 2009. P. C.: 1. The present applicants are apprehending arrest in connection with C.R. No. 405/06 registered at Pimpri police station, Pune for offence under sections 143,147, 148, 149, 307, 326 read with 34 IPC, hence filed the present application for anticipatory bail. According to the prosecution, a crowd/mob of about 30/40 persons had gathered near Mohan Nagar area with a view to protest against the mischief/damage of the statue of Dr. Babasaheb Ambedkar. The applicants are stated to be a part of the said unlawful assembly. The members of the unlawful assembly 2 are said to have pelted stones thereby caused damages to the buses, cars and other vehicles. The applicants also tried to assault police personal who tried to pacify and restrain the members of the unlawful assembly. I am informed that by now 35 persons have already been arrested and charge sheet has been filed against them. The offence is of 2006 and till date none of the applicants have been arrested nor have they absconded. 2. Perused the FIR. It is seen that for the first time the names of the present applicants are stated in the statement recorded after five days of the incident., The learned APP does not dispute the said fact. No one has been seriously injured so as to attract prima facie section 307 and 326 IPC, is also not disputed. In that view of the matter the application deserves favourable consideration is the statement made by the learned counsel for the applicant. The learned counsel for the applicant has submitted that all the applicants are gainfully employed and working at the respective places. None of the applicants are stated to have any criminal antecedents. Having regard to the totality of the facts and circumstances, by allowing the present application I direct that in the event of arrest of the present applicants, or any of them in C.R.No.405/06 registered at Pimpri police station,Pune for offence under sections 143,147, 148, 149, 307, 326 read with 34 IPC, the applicants or any one of them shall be released on executing personal bond in the sum of Rs. 10,000/­ each with one or two sureties in the like amount. The applicant shall attend Pimpri police station once a week i.e. on Saturday in between 4 to 6 p.m. 3 for a period of four weeks, and thereafter as and when so directed by the investigating officer, The applicant shall abide by the conditions stipulated under sec. 438(2) of Cr.P.C. Application is disposed of. (A. P. Deshpande, J.)