1 1 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3839 OF 2008 Arjun Yeshwant Maske & Ors. .. Applicants. Vs. State of Maharashtra .. Respondent. Mr.Kedar S.Patil for the applicants. Mr.K.V.Saste A.P.P. for the State. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 12TH NOVEMBER, 2008. DATED : 12TH NOVEMBER, 2008. DATED : 12TH NOVEMBER, 2008. P.C.: . Heard learned counsel for the applicants and learned A.P.P. for the State. 2. The applicant is seeking bail in C.R.No.73 of 2008 of Malshiras police station. The said crime has been registered against the applicants for having allegedly committed an offence punishable under sections 307, 325, 324, 323, 147, 148, 149 of the IPC and section 37(5) of the Bombay Police Act. It appears that there was a fight between the applicants and the group of Dashrath Zanje. Both filed complaints against each other. C.R.No.73 of 2008 came to be registered against the applicants while C.R.No.74 of 2008 came to be registered at the instance of applicant no.1 - Arjun Maske against the four accused including Dashrath Zanje. 2 2 2 3. The case of the prosecution is that all the applicants, at the relevant time, were armed with sticks and Axe and they assaulted the persons in the group of Dashrath Zanje. In the alleged incident six persons sustained injuries. I have perused the injury certificates of all the injured witnesses. Dashrath Zanje alone sustained one grievous injury out of six injuries sustained by him. All other injured persons sustained simple injuries. As per the complainant, applicant no.7 - Balu Maske alone was armed with Axe. Insofar as grievous injury sustained by Dashrath Zanje is concerned, on the basis of his statement it could be attributed to Balu Maske - applicant no.7. In view thereof learned counsel for the applicant fairly prayed for withdrawal of this application on behalf of applicant no.7 - Balu Maske and seeks liberty to file application on his behalf after filing of the charge-sheet. The application is allowed to be withdrawn insofar as applicant no.7 - Balu Maske is concerned with liberty as prayed. 4. Considering overall facts and circumstances of the case and nature of injuries sustained by the witnesses I am inclined to enlarge applicant nos.1 to 6 and 8 to 10 on bail: 3 3 3 . The applicant nos.1 to 6 and 8 to 10 be released on bail in the sum of Rs.25,000/- each with one or two sureties of the like amount subject to condition that the said applicants shall report to the concerned police station on every Saturday between Wednesday and Saturday between 6.00 p.m. and 7.00 p.m. for a period of six months and thereafter on every Saturday between 6.00 p.m. and 7.00 p.m. till conclusion of the trial. . 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 without being influenced by the observations made in this order. (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)