1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELALTE JURISDICTION CRIMINAL APPLICATION NO. 238 OF 2009 Sachin Kiran Chavan & Anr. ...... Applicants. V/s The State of Maharashtra ....... Respondent. ------ Mr. Ujwal R. Agandsur for the applicants. Mrs. M.H. Mhatre, APP for the State. ----- CORAM: V.M. KANADE, J. DATE : 3rd February, 2009 P.C.: 1. Heard the learned Counsel for the applicant and the learned APP for the State. 2. Applicants have been arrested in connection with the offence punishable under sections 302, 307, 143, 452, 436 of the Indian Penal Code which is registered at Salgar Vasti Police Station vide C.R. No.70 of 2008. 3. The learned Counsel for the applicants submits that he does not wish to press bail application of applicant No.2 at this stage. He seeks liberty to file separate application after some time. 4. So far as accused No.1 is concerned, the only allegation against the said applicant is that he had instigated one Mangal Ramji Kale to pour petrol on the deceased and set her on fire. 2 5. I have perused the statements of witnesses. No active role has been attributed to applicant No.1. The learned APP for the State, however, submits that the provisions of section 34 and section 107 are clearly attracted to the applicants in the present case. 6. In my view, taking into consideration the age of the applicant No.1 and the fact that no other overt act has been attributed to him, applicant No.1 deserves to be released on bail particularly when the charge-sheet already has been filed and investigation is over and the trial is not likely to begin for quite some time. 7. Applicant No.1, therefore, be released on bail in C.R. No.70 of 2008 in the sum of Rs 5000/- with one or two sureties in the like amount. He shall report to the concerned Police Station twice in a month. 8. Application against applicant No.2 is disposed of since it is not pressed with liberty as prayed. (V.M. KANADE, J.)