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.4336 OF 2008 Ramchandra Patilbua Davare & Others .. Applicants. Vs. State of Maharashtra .. Respondent. Mr.A.P.Mundargi with Ms.Leena S.Sawant for the applicants. Mr.H.J.Dedhiya A.P.P. for the State. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 5TH DECEMBER, 2008. DATED : 5TH DECEMBER, 2008. DATED : 5TH DECEMBER, 2008. P.C.: . Heard learned counsel for the applicants and learned A.P.P. for the State. 2. The applicants are seeking bail in C.R.No.172 of 2008 of Khed police station, Dist.Pune. The said crime has been registered against the applicants and four others for having allegedly committed an offence punishable under sections 323, 324, 325, 504, 506, 302 r/w 34 of IPC. 3. The prosecution case is that on 29.8.2008 at 10 pm Babaji Lagade, Bajirao Lagade, Vishwas Davare and Baraso Davare allegedly attempted to burn the 2 2 2 house of the complainant and also assaulted the complainant - Hiraman Kurade, Suresh Kurade, Anjana Kurade and Shantabai Kurade. The FIR was lodged by Hiraman Kurade on 30.8.2008 at 2.30 am in which he named all the aforementioned four accused attributing specific overt act to them. In the FIR the complainant has not named the applicants. After two days i.e. on 1st September, 2008 the statements of other witnesses came to be recorded in which all the witnesses have given different story, attributing specific overt act to the present applicants. The complainant’s supplementary statement also came to be recorded on 1.9.2008 in which for the first time he has impleaded the present applicants. He has not explained as to why did he not name the applicants when he lodged the FIR on 30.8.2008 at 2.30 am. According to the complainant, the deceased - Shantabai, mother of the complainant was assaulted by the accused named in the FIR recorded on 30.8.2008. I have perused her post mortem report which shows that she sustained one injury on the head which seems to be the cause of death. Considering overall facts and circumstances of the case and that the applicants were not at all named by the complainant in the FIR lodged on 30.8.2008 at 2.30 am I am inclined to grant this application for anticipatory bail: 3 3 3 . In the event of arrest, the applicants to be released on bail in the sum of Rs.35,000/- each with one or two sureties to make up the said amount subject to condition that they shall report to the concerned police station on everyday between 10 am 1 pm till 25th December, 2008 and thereafter on every Saturday between 10 and 11 am for a period of 90 days from today or till filing of the charge sheet, whichever is earlier. The applicants are directed to co-operate with the investigation. The application is disposed of. . 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.)