1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Criminal Application No.1133 of 2009 in Criminal Appeal No.35 of 2009 . Shri Arvind P. More .. Applicant v/s. The State of Maharashtra ..Respondent along with Criminal Application No.1136 of 2009 in Criminal Appeal No.35 of 2009 Shri Mahesh Chandrakant Sawant ..Applicant v/s. The State of Maharashtra ..Respondent Mr. Umesh Mankapure for the Applicant. Mrs. Deshmukh for the State CORAM : B.H. MARLAPALLE & R.Y.GANOO, JJ. DATED : 17th December, 2009 P.C. : 1. Heard Mr. Mankapure, learned Counsel for the applicant. 2 2. This application is filed by accused nos.2 and 3 respectively, for being released on bail during the pendency of Criminal Appeal No.35 of 2009. 3. We have noted that the memorandum of identification parade has been dis-believed by the trial Court and in the statements recorded under Section 164 of Cr.P.C. none of the witnesses have disclosed the names of any of these applicants. We have perused the Injury Certificates at Exhibit 108 (for accused no.2) and 109 (for accused No.3). Both of them were medically examined on 24.6.2007 at about 11 p.m. and the incident had occurred on 23.6.2007. As per the medical certificate the injuries seen on the person of accused no.3 were claimed to have been sustained within 12 hours and the injuries seen on the person of accused No.2 were claimed to be of the age of 24 to 48 hours. 4. Prima facie, we are satisfied that both the accused deserve to be released on bail. 5. Both these applications are allowed. Accused no.2 Shri Arvind S/o. 3 Prakash More and accused no.3 Shri Mahesh Chandrakant Sawant are directed to be released on bail, unless required in some other case, on furnishing P.R.Bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand Only) each with one surety in the like amount. Each one of them shall report to the nearest police station (i.e. Vishrambaug Police Station at Sangli) twice in a month, as per the timing fixed by the Police Inspector during the pendency of the appeal. [R.Y.GANOO, J.] [B.H. MARLAPALLE, J.]