IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 74 OF 2008 IN CRIMINAL APPEAL NO. 65 OF 2008. Vikash Sairam Parikh & Anr. ..... ...... ......Applicants. V/s State of Maharashtra ..... ...... ......Respondent. Mr.M.S.Mohite, Adv. For the applicants. Mr.D.R.More, APP For the respondent. CORAM: A.P.DESHPANDE, J. 29/1/08 PC: Appeal admitted. Heard learned counsel for the applicants and learned additional public prosecutor for the State. The present applicants are real brothers who have their permanent residence at Nagaland. However they have roots in Mumbai. For attending some function in the family the applicants had come to Mumbai. They had gone to see move in Chitralaya area in Bhoisar. Past midnight the present applicants along with their wifes and children were returning from the movie at which point of time constable Vibhute-P.W.4 who was in the company of home guard by name Vimawala-P.W.3 and a watchman asked the applicants as to how come they are moving at late of night. The accused are said to have questioned the identity of constable Vibhute and after altercations scuffle took place between the 1 applicants and the constable resulting in trial of the present applicants for offence punishable under sections 333, 353, 323, 506 read with section 34 of Indian Penal Code which culminated in conviction by additional Sessions Judge. Both the applicants have been found guilty for offence punishable under sections 333, 353 read with section 34 of IPC and are sentenced to suffer RI for seven years and to pay fine of Rs.2000/- each in default further RI for two months. However on conviction under section 323 read with section 34 the applicants are sentenced to suffer RI for one month. Perused the judgment so also the evidence of P.W.4-Constable Vibhute. P.W.4 has stated that on that night he was wearing sweater and overcoat over the uniform and thus his identity as police constable was not obvious. In this situation the applicants demanded the identity card which seems to have given rise to the incident in question. Learned counsel for the applicants submits that the applicants have come to Mumbai from Nagaland and they had gone along with their wives and children to see the movie and hence the applicants would be in no mood to pick up quarrel and attack the constable. No weapon has been used. On perusal of the judgment and evidence I am of the clear view that this is a fit case for grant of bail. Applicants were on bail during the trial and they have not misused the same. Hence I direct that the Applicants be released on bail on the same terms and conditions on which they were released by Sessions Court during the trial on executing fresh bail bonds. Application thus stands disposed of. 29.1.08 2