Lsp IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1624 of 2008 Nilesh Laxman Warghade & ors. ...Applicant V/s. The State of Maharashtra ...Opponent Mr. Vishal Bhanushali, Advocate iby Ms. Sangita Bhole for the Applicant Ms.M.H.Mhatre-APP for the opponent CORAM CORAM CORAM : V.C.DAGA, J : V.C.DAGA, J : V.C.DAGA, J 11th 11th 11th June, 2008 June, 2008 June, 2008 P.C. . Heard Learned Counsel for the Applicant and learned APP for the State. 2. By this application the applicants are seeking bail in connection with C.R. No.I-10/2007 registered with Tokawade Police station, Dist. Thane for the offences punishable under section 143, 147, 148, 302, 326 read with sections 149, 114, 504 and 506 of Indian Penal Code. The said offence is registered on 30th March, 2007 at about 3.30 a.m. Applicant came to be arrested and is in custody since 9th July, 2007. 3. The case of the prosecution is that the complainant one Namdev Warghade and others had gone to attend the marriage ceremony at village Umbral, Taluka Shahapur In 2 the evening they were returning back to their village at Veluk, Taluka- Murbad. On the same date, at about 9.30 p.m., the complainant alongwith his brother Dhananjay and cousin brother Raghunath and one Janardhan were proceeding to a telephone booth, which is near to the house of Laxman Warghade, accused Hanumant, Janardhan, Kantilal and Nilesh rushed on their person and assaulted Dhananjay and Raghunath with knife and sticks and inflicted bleeding injuries. Other co-accused instigated to kill them. In the said incident Dhananjay died on the spot. Therefore, Namdev Warghade lodged the complaint in Tokawade Police Station. That is how the offence came to be registered. 4. The applicants are seeking bail contending that no specific overt act is alleged against the present applicants except that they have instigated others. There is no recovery from any of the applicants. They are in custody since July 2007. Chargesheet has been filed. Investigation so far as present applicants are concerned is complete. Applicants submit that this is a fit case for grant of bail. 5. The learned APP appearing for the State, though tried to oppose this application, however, he could not show any other material other than two statements referred in the submissions, wherein no specific role is 3 assigned to the present applicant. 6. In the above view of the matter, I am inclined to grant bail in favour of the applicants, subject to the following conditions: (a) The applicant, arrested in connection with C.R.No. I-10/2007 registered with Tokawade Police Station, District- Thane shall be enlarged on bail on each of them executing PR Bond in the sum of Rs. 25,000/- with one or two solvant-local sureties to make up the said amount. (b) The applicants shall report to the concerned Police Station once in a week, i.e. on every Friday between 3.00 to 5.00 p.m. till conclusion of the trial. (c) The order of bal will be given effect only after the applicants furnishes to the investigating officer, the details about their place of residence and addresses where he proposes to stay after they are enlarged on bail. The applicants will not change their residential address, till the conclusion of the trial without prior intimation to the investigating officer. 4 (d) The applicants shall not directly or indirectly make any inducement or threat or pressurise any of the prosecution witnesses and shall not in any manner tamper with the prosecution evidence. (e) The applicants shall cooperate with the investigating agency for disposal of the case. It is needless to mention that breach of any of the conditions by the applicants shall result in cancellation of bail. (f) Any observation made in this order shall not be construed as finding or expression on merits of the case at the time of the trial. 7. Application stands disposed of accordingly. (V.C.DAGA,J) (V.C.DAGA,J) (V.C.DAGA,J)