1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1086 OF 2009 1 Mohanlal K. Yadav 2 Subhash Shrinivas Giri .... Applicants. V/s The State of Maharashtra ..... Respondent. Mr. S.V. Marwadi with Mr. S.L Jagtap for the applicants. Mrs. M.H. Mhatre, APP for the State. CORAM : V.M. KANADE, J. DATE : 18th March, 2009 P.C: 1. Heard the learned Counsel appearing on behalf of the applicants and the learned APP for the State. 2. Applicants have been arrested in connection with the offence punishable under section 307 read with section 34 of the Indian Penal Code and section 37(1)(A) of the Bombay Police Act, which is registered vide C.R. No.681 of 2008 by the Goregaon Police Station. Charge-sheet has been filed. The only allegation against the present applicants is that the applicant No.1 instigated the other accused and the applicant No.2 threw the acid bulb. The injury certificate indicates that Jeetlal Yadav had incised wound and one Rajkumar Pal had received four injuries out of which one injury was burn injury on the forearm and the other three injuries were Contused Lacerated 2 Wounds. Taking into consideration the fact that there was only one burn injury on the person of one of the victims, it is doubtful whether the provisions of section 302 would be attracted while prosecuting the applicants. In any case, charge-sheet has been filed and investigation is over and, therefore, continued detention of the applicant, in my view, is not necessary since trial may not begin for quite some time. 3. Applicants, under these circumstances, be released on bail in C.R. No. 681 of 2008 in the sum of Rs 5000/- each with one or two sureties in the like amount. Applicants shall report to the concerned Police Station twice in a month. Applicants shall not threaten any of the witnesses of the prosecution. If any complaint is received and if an application is made for cancellation, in that event, the bail granted to the applicants shall be cancelled. 4. Application is disposed of. (V.M. KANADE, J.)