abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4004 OF 2007 WITH CRIMINAL APPLICATION NO. OF 2007 1. Swapnil @ Kidya Trimbak Jadhav 2. Ritesh Pawankumar Yadav .. Applicants V/s The State of Maharashtra .. Respondent WITH WITH WITH CRIMINAL APPLICATION NO. 4033 OF 2007 Pradeep @ Pintya RAghunath Jadhav .. Applicant V/s The State of Maharashtra .. Respondent ------ Mr.Vithal Shivarkar for the applicants. Mr.D.P. Adsule, A.P.P. for the State. CORAM : D.G. KARNIK, J. DATE : 4TH MARCH 2008 P.C. P.C. P.C. : 1. Heard. 2. The applicants in these two applications are - 2 - co-accused in Crime No.299/2007 registered with Pimpri Police Station, Pune for offences punishable under sections 141, 144, 147, 148, 149 and 307 of the Indian Penal Code, section 3(25) of the Arms Act and sections 37 and 135 of the Bombay Police Act. Being co-accused, their applications are being disposed of by this common order. 3. The prosecution case is that on 20th June 2007, Jitendra Kadam (for short "accused no.2") along with 6 other persons came to Hotel Roxy in a Scorpio Motor Vehicle. Accused no.2 who was wielding a countrymade fire arm threatened Abdul Rashid Mohamed Shaikh, the owner of the hotel, for some reason. The manager of the hotel intervened. It is alleged that two rounds were fired from the fire arm. Accused nos.2 and others are therefore charged as above. 4. Admittedly, the fire arm was held only by Kadam. There is no evidence that the applicants were wielding any weapon with them. The motive for the threats is also not clear from the FIR or the subsequent statements recorded. Except for an injury to the hand of the manager, nobody has suffered any injury. 5. Taking into consideration the nature of the allegations, the fact that the applicants were not - 3 - wielding any weapon and only accused no.2 was carrying a fire arm, in my view, the applicants are entitled to conditional bail. Hence, I pass the following order:- ORDER ORDER ORDER The applicants be released on bail in connection with the offence mentioned above on each of them executing personal bond of Rs.25,000/- with one surety of the like amount subject to the following conditions:- (a) The applicants shall not make any inducement nor give any threats to any of the prosecution witnesses. (b) The applicants shall attend the concerned police station once a month between 1st and 5th day of every British calendar month till the decision in the Sessions Case. (D.G. KARNIK, J.)