IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRI.APPLICATION NO.1675 OF 200 CRI.APPLICATION NO.1675 OF 200 CRI.APPLICATION NO.1675 OF 2009 1. Mr Mayur Chandrakant Kunjir, 2. Ms Sarika Dnyandev Kanchan, Applicants. Vs The State of Maharashtra, Respondent. Mr Rajeev Patil i/b Mr sachin Punde & Sachin Thombre, for the applicants. Mr Y.S.Shinde, APP, for the respondent. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. DATE : 20/04/200 DATE : 20/04/200 DATE : 20/04/2009 PC: PC: PC: 1. Heard learned counsel for the applicants and learned APP for the respondent. Leave to amend. Amendment to be carried out forthwith. 2. The applicants are seeking bail in C.R.No.33 of 2009 of Bharati Vidyapeeth Police Station Pune. The said crime has been registered against the applicants for having allegedly committed an offence punishable under sections 313,341,323, 504 read 34 of IPC. 3. It is the prosecution case that on 3.3.2009 the present applicants with one another allegedly assaulted the victim-Shital, who, due to assault, suffered miscarriage. The victim and the third accused Chhaya are the two wives of one Chandrakant. Applicant no.1 is the son of the first wife of Chandrakant and applicant no.2 is her sister. They all allegedly assaulted the victim-Shital in the cabin of the school. From perusal of the statement of the complainant and the medical certificate, it appears that the incident did take place, but not in the manner, as narrated by the complainant. However, at this stage, I would not like to express any positive opinion, whether the statement of the complainant is trust-worthy?, and it is for the trial Court to decide complicity of the applicants in causing miscarriage of the complainant. Applicant no.1 is hardly 19 years old boy, who is doing his engineering course and his examination will be starting from 4.5.2009. The learned APP has confirmed the same. Similarly, applicant no.2 is also a student of B.A. and her examination is also due on 18.4.2009. Keeping that in view, I am satisfied that continuing detention of both the applicants is not necessary.Hence, the following order. . Applicant Nos.1 and 2 are directed to be enlarged on bail in the sum of Rs.5,000/- each with one or two sureties to make up the said amount, subject to condition that the applicants shall report to the concerned police station every Sunday between 10 am and 11 am till filing of the chargesheet. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case uninfluenced by the observations made in this order. . The application is disposed of. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)