IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1084 OF 2009 1.Mauli @ Balkrishna Jijaba Shinde 2.Rajaram Ganu Shinde 3.Shankar Gablaji Shinde 4.Rohidas Maruti Shinde 5.Revashankar Jyotiram Raval ...Applicants Vs. The State of Maharashtra ... Respondent --- Shri K.S. Patil i/b. Shri Amit Kapse for Applicant Shri S.R. Shinde, APP for State ---- CORAM: V.M. KANADE J. DATED 21ST MARCH, 2009 P.C. 1. Leave to amend is granted. 2. Heard the learned Counsel appearing on behalf of the Applicants and the Learned APP for the State. 3. The Applicants have been arrested in connection with an offence punishable under sections 395, 307, 323,143,147,148, 149, 4, 504, 506, 435, 436 of the Indian Penal Code and sections 3,25 and 27 of the Arms Act. 5. It is the case of the prosecution is that one Bharat Namdeo Shinde was murdered and on 28.1.2009, the Sessions Court acquitted the three accused, who were prosecuted in this case. A huge mob of 50 to 60 persons gathered in the market and went on rampage and attacked the house of the accused and shop. When the police tried to intervene and persuade the said mob, they also threw stones on the police. However, when one of the police officers took out his revolver, they ran away. 6. The learned Counsel for the Applicant submits that the Applicants are in jail since almost about two months. The Applicants are not criminals. He submitted that, therefore, the Applicants be released on bail. He submitted that the injury which was caused to one of the police constables was not of a grievous nature. 7. The learned APP for the State submits that the chargesheet is not yet filed and the investigation is still going on. However, statements of eye witnesses have been recorded. 8. Taking into consideration the circumstances under which the offence has taken place, in my view, continued detention of the Applicants is not necessary. 9. The Applicants, therefore, be released on bail in C.R. No.22 of 2009 and C.R. 23 of 2009 registered with Maval Police Station in a sum of Rs.5,000/- each with one or two sureties in the like amount. The Applicants shall not enter the jurisdiction of Kamshet Taluka Maval, Dist. Pune till the chargesheet is filed. The Applicants, shall report to the nearest police station from their new residents The Applicants shall report to the Maval Police Station once in a week for a period of three months and, thereafter, once in a month. The Applicants shall not tamper with the evidence or threaten any of the witnesses. The Applicants shall not damage the public property, if any complaint is received, bail granted to the Applicants shall be cancelled. 10. Application is disposed of. V.M. KANADE J.