1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Criminal Application No. 3318 of 2009 Dhanendra and anr v. The State of Maharashtra -------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. Mr N.S. Khandewale, Adv for applicants Mr Ahirkar, APP for State Coram : A.P. Bhangale, J Dated : 5th January 2010 1. Heard learned counsel for the applicants and learned APP for State. Applicants are praying for grant of bail in Crime No. 5/2003 registered with Police Station, Chichgadh, District Gondia for offences under Sections 435, 120B, 147, 148, 149 of the Indian Penal Co0de read with Sections 3/25 of the Arms Act and Sections 3 and 4 of the Damage to Public Property Act. 2. Learned counsel for the applicants submit that for the alleged incident of 2003, applicants have been arrested in March 2009 and the material used against them is the alleged confessional statement made by co-accused which has doubtful evidentiary value. 3. Learned APP does not dispute that witnesses who are surrendered naxalites made statement in January 2009 on the basis of which applicants have been arrested. He found it 2 difficult to substantiate case of prosecution on the basis of such confessional statements made by co-accused. Considering the fact that in the circumstances, chances of applicants being convicted are remote, I am inclined to grant conditional bail in their favour. Hence, the order. 4. Applicants be released on bail in Crime No. 5/2003 registered with Police Station, Chichgadh, District Gondia for offences under Sections 435, 120B, 147, 148, 149 of the Indian Penal Co0de read with Sections 3/25 of the Arms Act and Sections 3 and 4 of the Damage to Public Property Act upon their furnishing PR Bond in the sum of Rs. 25,000/- each with two or more solvent sureties in the like amount. Applicants shall not tamper with prosecution evidence and shall not communicate with any of the prosecution witnesses in any manner. Applicants shall not commit any crime while on bail. They are directed to leave their fixed address along with telephone/cell phone number (if any) with the trial Court as also with the Investigating Officer and inform them in the event of any change therein. Application stands disposed of accordingly. Judge. Hsj