IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE CRIMINAL APPLICATION NO. 1009 OF 2008 CRIMINAL APPLICATION NO. 1009 OF 2008 CRIMINAL APPLICATION NO. 1009 OF 2008 1. Shri Maruti Narayan Wagh, 2. Shri Hari Vasant Wagh, V/s. The State of Maharashtra. ... Respondent. A.P.Mundargi, senior counsel i/b. Ganesh Gole for the applicant. Ms.A.T.Zaveri, A.P.P. for the State. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. DATED: 10th April 2008. DATED: 10th April 2008. DATED: 10th April 2008. P.C.: P.C.: P.C.: ---- ---- ---- . Heard learned counsel for the applicants and learned A.P.P. for the State. 2. This application is under section 438 of Code of Criminal Procedure, 1973. The applicants are apprehending their arrest in C.R.No.53 of 2008 registered with Pandharpur Police Station, District- Solapur for the offences punishable under section 436, 427, 429 read with section 34 Indian Penal Code on the basis of the complaint filed by one Shri Dinkar Changdeo Naikude. During the course of investigation, section 307 came to be added. 3. There appears to be property dispute between the applicants and the complainant. The applicants have denied their involvement in the commission of offence. They state that their custody is not necessary for investigation of the alleged crime. 4. The learned A.P.P. opposed this application contending that the applicant are absconding right from the date of registratin of offence and are giving threats of dire consequences. He, however, submits that if at all bails is to be granted, then the applicant be directed to not to stay in the village where incident has taken place so long as the chargesheet is not filed. 5. While reacting to this submission, learned counsel for the applicant submits that the applicants undertake not to enter into the village where the incident has taken place and they further undertake to stay in the village- Gadegaon, Tal.-Pandharpur, Dist.- Satara and co-operate with the investigating agency. 6. In the above view of the matter, pre-arrest bail is granted in favour of the applicants, however, subject to the following conditions: (a) In the event of arrest of the applicants in connection with C.R.No.53/2008 registered with Pandharpur Police Station, they shall be released on bail of Rs.25,000/- each with one or two local sureties to make up the said amount. (b) The applicants shall report to the concerned Police Station once in a week i.e. on every Friday between 3.00 to 5.00 p.m. till conclusion of the trial and shall co-operate with the investigating agency for disposal of the case. (c) The applicants shall not directly or indirectly, make any inducement or threat or pressurise any prosecution witnesses and shall not in any manner tamper with the prosecution evidence. (d) This order of anticipatory bail shall operate till the filing of the chargesheet. After filing of chargesheet, it would be open for the applicants to apply for regular bail before regular court. (e) It is needless to mention that breach of any of the conditions by the applicants shall result in cancellation of bail. . Application stands disposed of accordingly. JUDGE JUDGE JUDGE