1 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.986 OF 2011 1. Brijmohan Kaluram Kanojia .Applicants 2. Baijnath Kedar Yadav V/s. The State of Maharashtra .Respondent Mr.A.P.Mundargi, Sr.Counsel with Mr.S.V.Marwadi & Mr.Prakash Naik, for the Applicants Smt.V.R.Bhosale, APP, for the Respondent - State CORAM : R.C.CHAVAN, J. DATE : 19TH DECEMBER, 2011 P.C. . Heard the learned counsel for the respective parties. 2. This is an application for anticipatory bail by two persons, who apprehend arrest in connection with C.R.No.270 of 2011 for the offences punishable under Sections 324, 326, 504 read with Section 34 of the Indian Penal Code registered with Kandivali Police Station and who had not been named in the FIR in respect of the assault on the first informant by two unknown persons, apart from Rakesh Rathod and Raju 2 Nagaria, who have been named in the FIR. It is the case of the prosecution or the investigating officer that these two applicants were instrumental in bringing about this attack on the victim and therefore, wants the applicants' custody. The learned APP states that they were in touch with the miscreants before and after the attack on telephones. All the same, it is not clear as to why applicants' being in custody would be required particularly when the miscreants themselves have been bailed out after their arrest. Given the nature of assault and the conspicuous fact that the applicants' name do not appear in the FIR, applicants' being in custody may not be necessary. In view of this, in the event of arrest, applicants be released on bail on their furnishing P.R.Bond of ` 50,000/- each with one or more solvent sureties in the aggregate sum of ` 50,000/- on the following conditions. (i) The applicants shall report at the Kandivali police station on 22nd December, 2011 3 at 11:00 a.m. and thereafter, as and when required by the investigating officer. (ii) The applicants shall make themselves available for interrogation by a police officer as and when required. (iii) The applicants shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer. (iv) The applicants shall not leave India without the previous permission of the Court. . The order will remain in force till the trial is over with the only stipulation that if charge sheeted the applicant may furnish fresh bonds before the trial Court in view of the Judgment of the Supreme Court in AIR 2011 (SC) 312(Siddharam Satlingappa Mhetre vs State of Maharashtra And Ors.). 3. Anticipatory Bail Application is disposed of. (R.C.CHAVAN, J.) 4 2. Admit. 5 3. Call for R & P. 4. Action under Section 390. Needless to say, action under Section 390 means that the learned Magistrate may cause the accused to be produced before him by appropriate process and take security from them for their appearance in the Appellate Court. If the accused appear on their own, the learned Magistrate need not wait for process to be issued or served upon the accused but shall admit them to such bails as he may deem fit. relying on the Judgment in Manohar M. Kulkarni v/s. State of Maharashtra, reported at 2005 Cri.L.J.4653 in view of the Judgment of the Supreme Court in ASHABAI MACHINDRA ADHAGALE Versus STATE OF MAHARASHTRA AND OTHERS, reported at (2009) 3 Supreme Court Cases 789 has been specifically overruled. 6 . This is an application for anticipatory bail by a person, or who is/are arrested who are arrested/apprehends arrest in connection with C.R.No. of for the offence punishable under Section .... of the Indian Penal Code registered with Police Station, seeks enlargement on bail. 2. Applicant's being at large may not prejudice a fair trial. 3. The learned Magistrate shall invest the said amount in interest earning deposit in a Nationalized Bank and deal with it at the end of the trial as per the result of the trial. If the amount is not so deposited, the order shall stand revoked. (i) The applicant shall report at the police station concerned from/on in between 10.00 a.m.to 1.00 p.m. for a period of one week and thereafter, as and when required by the investigating officer. 7 (ii) The applicant shall make himself available for interrogation by a police officer as and when required. (iii) The applicant shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. (iv) The applicant shall not leave India without the previous permission of the Court. (This para should be typed in the disposal application not in S.O.) 4. Criminal Application is disposed of. . The order will remain in force till the trial is over with the only stipulation that if charge sheeted the applicant may furnish fresh bonds before the trial Court in view of the Judgment of the Supreme Court in AIR 2011 (SC) 312(Siddharam Satlingappa Mhetre vs State of Maharashtra And Ors.). 8 (R.C.CHAVAN, J.)