IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 2814 OF 2009 Subhash Bhau Markad & Ors. ...Applicants. Vs Mr. State of Maharashtra. ...Respondent. ----- Mr. Rahul S. Kate, for the Applicants. Mr. H.J. Dedhia, APP for the State. CORAM: A.S. OKA, J. DATE: 7TH JULY, 2009 P.C. 1. This application has been assigned to this Court as per general order passed by the Hon’ble the Chief Justice. 2. Heard the learned Counsel for the applicants and learned APP for the State. Offences punishable under under Section 395 and 397 of Indian Penal Code have been alleged against the applicants along with co-accused. The perusal of F.I.R. filed by the complainant Aba Waghmode shows that the allegation of snatching the cash of Rs.60,000/- has not been made against the applicants, but the same has been made against the other co- accused. The first informant and his wife suffered fractures. The statement of first informant shows that the fractures have been : 2 : caused by the assault by iron rod and sticks used by other co- accused. As far the applicant nos.1,2 and 4 are concerned, only vague allegations have been made that they have assaulted Smt. Indubai Aba Waghamode, the wife of first informant by stones. The perusal of the medical certificate shows that grievous injuries have been caused by use of iron rod and sticks by the co-accused. The learned APP on instructions from the Investigating Officer states that there are no criminal antecedents of the applicants. 3. Considering the role ascribed to the applicants, they are entitled for bail, subject to stringent conditions. Hence, I pass the following orders: a) The Applicant Nos.1,2 and 4 shall be enlarged on bail in the sum of Rs,15,000/- with one or two sureties in the like amount. b) The Applicant no.3 shall be enlarged on bail in the sum of Rs.7500/- with one or two sureties in the like amount. c) The bail is granted subject to condition that the applicants will co-operate for the investigation and shall not tamper with the evidence and will not make any attempt to influence or pressurise the prosecution witnesses. d) The bail is granted subject to condition of the applicants reporting to the Natepute Police Station on every Monday and Friday from 11.00 a.m. to 2.00 p.m. till the filing of charge sheet. : 3 : e) In the event of the the applicants committing any breach of above terms, the same may be a ground for cancellation of bail. JUDGE