IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.161 OF 2009 1. Mr.Haji Babu Suleman Qureshi ) @ Abdul Hamid Suleman ) 2. Mr.Kamaluddin Jamaluddin ) 3. Mr.Mumtaz Mushtaq )..Applicants V/s. The State of Maharashtra )..Respondents ---- Ms.Sona Pardasani for the applicants. Mr.V.B.Kondedeshmukh APP for the State. ---- Coram : R.S.Mohite,J Date : 28.01.2009. PC 1. This is the 2nd application for grant of anticipatory bail. The first application was rejected vide my order dated 18.6.2006. What is pointed out to me is that after the said order was passed, there are several change of circumstances. Firstly a further statement of the Complainant has been recorded on 28.6.2007. In this statement the complainant has clarified the role played by various persons who were present at the time of the incidence. In so far as applicant no.3 Mumtaz Mushtaq is concerned, the statement indicates that he has not assaulted any person and has only hit the chairs and furniture with a stick. In so far as : 2 : applicant no.2 Kamaluddin Jamaluddin is concerned, he is also said to have damaged some furniture. As far as applicant no.1 Hazi Suleman is concerned, he is said to have given abuses. The affidavit in reply filed in the matter indicates that there is a cross case filed at the behest of one of the accused registered under C.R.No.192/2006 under Sections 420, 387, 406, 468 & 471 read with 34 of IPC. It however, appears that in this case B-summary has been filed by the police. Affidavit further reveals that anticipatory bail was granted to four co-accused persons. Learned APP states that investigation is complete and the charge-sheet has been filed. The learned APP states that though a supplementary charge-sheet against the present applicants is required to be filed but their custody is not required for any further investigation. He states that police would be satisfied with a formal arrest of the applicants. In the circumstances, it is directed that in the event of arrest, applicants may be released on bail in the sum of Rs.10,000/- each with one surety each in the like amount subject to the condition that they will appear on all dates before the trial Court unless exempted. Application stands disposed off. (R.S.Mohite,J)