..(1).. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2156 OF 2008 1. Manoj alias Munna Mansingh Sathe, 2. Mahesh Popat Sathe, 3. Shambhu Anil Sathe, 4. Ratnadeep alias Dada Mahadeo Shelke, 5. Avinash Jaysingh Sathe, 6. Bhausaheb alias Bhaiya Bandu Sathe, & 7. Mr.Ravi Jaysingh Sathe. ..Applicants. Versus Versus Versus The State of Maharashtra ...Respondent. .... Mr.Shirish Gupte, Sr.Counsel a/w. Mr.S.V.Kotwal, Adv. for the applicants. Mr.J.Shekhar, Adv. for orig.complainant. Mr.H.J.Dedia, APP, for the State. .... CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. DATED : 30th July, 2008. DATED : 30th July, 2008. DATED : 30th July, 2008. P.C.: 1. Heard the learned Advocate for the Applicants, the learned Advocate for the complainant and the learned APP for the State. 2. The applicants are seeking bail in C.R.No. 35 of 2008 of Madha Police Station, District : Solapur. The said case is mainly under Section 302 of IPC. ..(2).. 3. The learned APP has stated that the injured witness Santosh and other witnesses have stated that the applicants were present at the spot at the time of the incident and they were also armed with weapons. No role of actual assault is attributed to any of the applicants. In the incident, one Dada died and the informant was injured. The informant has stated only names of four persons. In the FIR it is stated that only four persons came and assaulted him and deceased and there is no reference to other persons whether known or unknown in the FIR. 4. Dada died on 26.5.2008. Thereafter on 27.5.2008 the further statement of the complainant has been recorded wherein he had named the present applicants and stated that they were present at the spot and they were armed with weapons. 5. The learned Advocate for the orig.complainant submitted that as the complainant was seriously injured he could not give the names of the present applicants and the role played by ..(3).. them, in his FIR. I have perused the injury certificate of the complainant. As per the medical certificate, all the injuries sustained by the complainant were simple in nature. Hence, I do not find much merit in this submission. It is seen that none of the witnesses in their first statements have implicated any of the applicants and only in the further statements the witnesses, including the complainant, have stated the names of the present applicants. Looking to this fact, I find much merit in the submission that the applicants have been falsely implicated in the present case as an afterthought. Hence, I am inclined to grant bail to the applicants. 6. The applicants - Manoj alias Munna Mansingh Sathe, Mahesh Popat Sathe, Shambhu Anil Sathe, Ratnadeep alias Dada Mahadeo Shelke, Avinash Jaysingh Sathe, Bhausaheb alias Bhaiya Bandu Sathe, & Mr.Ravi Jaysingh Sathe to be released on bail in the sum of Rs.30,000/- each with one or two sureties to make up the said amount. The applicants shall not enter within the jurisdiction of Madha Police Station, District - Solapur. ..(4).. Before being released on bail the applicants shall inform the officer of Madha Police Station, District-Solapur, the address at which they will reside during the period that there are on bail. The applicants shall report to the nearest police station to that address once in a fortnight, till conclusion of the trial. 7. Application is disposed of accordingly. (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.)