1 BA-1513-1556-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 1513 OF 2011 WITH CRIMINAL APPLICATION NO. 1556 OF 2011 CRIMINAL APPLICATION 1513 OF 2011 Riyaz Mehboob Korbu ... Applicant vs. The State of Maharashtra ... Respondent CRIMINAL APPLICATION NO. 1556 OF 2011 Amol Arjun Khalge ... Applicant vs. The State of Maharashtra ... Respondent Mr.Dayanand C. Awari,Advocate, for the applicant (in B.A.No.1 Mr.M.V.Khatavkar, Advocate fr the applicant (in B.A.No.1556/2011) Shri Y.S.Shinde, APP for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 29th November, 2011. P.C. 1. The applicants seek to be released on bail in Crime No.72 of 2010 registered with Dehu Road Police Station, Pune, punishable under Sections 302, 307, 143,147,148, 149 and under the Arms Act and Bombay Police Act. 2. Prosecution case, in brief is that on 1.3.2010 at about 8.30 p.m. 2 BA-1513-1556-11.sxw Deceased Siddiqui and Ketan as well as the first informant Narsinh Chauhan were present at the stall of Chinese Food run by one Bhoir. At that time, 7 – 8 boys came there and began to throw the chairs and tables. On this, Ketan asked them as to why they were giving kicks to the tables which resulted into exchange of hot words. Ravi intervened and those 7 – 8 boys went away However, after some time, those boys again came back and out of them four were holding swords. They assaulted Siddiqui and Ketan with swords. Some of them beat them with fist and kick blows. Due to the serious injuries caused with sharp weapons, Siddiqui and Ketan died. Report was lodged by Narsinh Chauhan. In the report, main accused was Ganesh Jadhav. Names of other accused were not mentioned in the FIR. During investigation, all the accused persons were arrested . The present applicants were also among them. According to the prosecution, during the T.I. Parade held on 1.7.2010, both the applicants were identified by Narsinh Chauhan as culprits. According to the prosecution, some blood stained clothes were seized from them and human blood was found on them. 3. C.A. Report shows that though all the articles which were referred to C.A., had stains of human blood, the result was inconclusive for determining the group of the blood on the said articles. The T.I. Parade was held about four months after the arrest of the accused persons. No specific role was attributed to 3 BA-1513-1556-11.sxw the applicants, though they were shown to be among the persons who had assaulted Siddiqui and Ketan. Statements of some of the witnesses, particularly Laxman Shelar and Ravindra Shelar reveal that out of those boys, accused Ganesh Jadhav and Sagar Potbhare and Chandrabhan Jaiswar were armed with swords. Sagar Potbhare had given a blow with sword on the back of Ketan. When Siddiqui went to intervene, Ganesh Jadhav gave blow with the sword on his head and Chandrabhan stabbed on the back of Siddiqui. The other companion Ganesh had assaulted with kicks and first blows. During this assault, the present applicants i.e. Riyaz and Amol were not armed with any weapons nor they had assaulted with any weapons. Taking into consideration the role attributed to them and the fact that they are in jail for last about one year and eight months and still trial has not commenced, in my opinion, it is a fit case to grant bail to them. 4. The applicants be released on their executing P.R. of Rs.25,000/- each with a surety in the like amount with condition that they shall not tamper with the prosecution evidence and shall report at the Police Station on 1st and 3rd Sunday of every month between 4 to 6 p.m. till end of the trial. (J.H.BHATIA,J.)