1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI.APPLICATION NO.2459 OF 2009 1. Mr Mohammed Umer Sanaullaha Shaikh 2. Abdul Kayyum Mohammed Siddique .. Applicants Vs State of Maharashtra .. Respondent Mr. Rajiv Patil h/f Mr N.V.Khan, Advocate for the Applicants. Mr. K.V.Saste, APP, for the Respondent. Mr O.P.Singh, for the original complainant. Santosh Janardhan Jha-original complainant-in-person present. CORAM : D.B.BHOSALE, J. DATE : 01/07/2009 PC: 1. Heard learned counsel for the applicant and learned APP for the respondent. 2. The applicants are seeking anticipatory bail in C.R.No.170 of 2009 of Vakola Police Station. The said crime has been registered against the applicants for having allegedly committed an offence punishable under sections 395,92, 341,342,352 of IPC and under sections 3, 25 of Indian Arms Act. 3. According to the prosecution, on 20.4.2009 at about 6.15 T 2 pm the applicants and their companions forced their entry into the shop of the complainant and took away raw-material as well as cash amount by using force. The applicants were directed to add the complainant as party respondent and accordingly the complainant was added and he appeared on 25.6.2009. On that day, Mr Singh, learned counsel appearing for the complainant, submitted that the complainant was prepared to settle the disputes with the applicants and on that ground the matter was adjourned. Today the complainant and his counsel Mr Singh are present in the court. The complainant states that he has settled all the disputes with the applicants. The applicants, who are present in the court through their advocate Mr Patil, state that they will return all the goods (raw material) taken away by them within a week from today. Their statement is accepted. Mr Singh, on instructions from the complainant, states that in view of the settlement this application may be allowed. Mr Saste, learned APP, states that in view of the settlement and the statement made by the learned counsel for the applicants that the applicants will return all the goods to the complainant, custodial interrogation of the applicants is not necessary. In the circumstances, I pass the following order. In the event of arrest, the applicants be 3 released on bail in the sum of Rs.5,000/- each with one or two sureties to make up the said amount, subject to the conditions incorporated in sub-section (2) of Section 438 of Cr.P.C. Further, the applicants are directed to report to the concerned police station on every alternate Saturday between 6 and 7 pm for a period of two months from today and thereafter as and when called. 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. Application is disposed of. (D. B. Bhosale, J.)