15crn660-10 1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.660 OF 2010 Shri Dnyaneshwar Anand Kedari. ..Applicant. Vs. State of Maharashtra ..Respondent. .... Mr.Sachin T. Jadhav, Advocate for the applicant. Mr.K.V. Saste, A.P.P. for the State. .... CORAM : A.R.JOSHI, J. DATED : 09TH JULY, 2010 P.C. 1. Heard rival submissions for sometime on this application for regular bail preferred by the applicant/orig.accused No.4 for his release on bail during pendency of the trial for the offences punishable under Sections 302, 323, 120B of Indian Penal Code. 2. Incident of assault on the friend of the complainant, occurred on 25th April, 2009. There are certain eye witnesses, including the first informant, taking specific names 15crn660-10 2 of the co-accused by names Monu Shaikh and Firoz Khan as the main assailants. Still their few more associates were also mentioned in the complaint and also in the statements but without taking any names. Apparently after arrest of the main accused whose names were taken by the complainant, role of the present applicant was revealed and he was put under arrest on 27th April, 2009. 3. Admittedly, there is no test identification parade so as to identify the applicant as one of the alleged assailants. According to the police, on the day of the arrest, the shirt, applicant then wearing, was taken charge of and it was having some red colour stains. It is submitted on behalf of the applicant that the C.A. report is not yet received and filed, though the investigation is over and chargesheet is already filed. Apparently according to the case of the prosecution from 25th April, 2009 i.e. from the date of the offence, upto 27th April, 2009 i.e. when the applicant was arrested, he was wearing the same shirt and it was then 15crn660-10 3 allegedly seized under the panchanama. During the arguments, it is also submitted that two co-accused were already released on bail by this Court. 4. Considering the material available against the present applicant as to his involvement or otherwise in the offence and considering his custody since April, 2009, present application can be allowed on imposing certain conditions. Hence the order :- :: O R D E R :: [i] Criminal Application No.660 of 2010 for regular bail is allowed. [ii] Applicant - Shri Dnyaneshwar Anand Kedari, arrested in C.R. No.100 of 2009 registered with Shivajinagar police station, Pune, shall be released on bail on his executing a P.R. bond in the sum of Rs. 15,000/- with one surety for the like amount. [iii] After availing the bail, as above, the applicant 15crn660-10 4 shall attend the concerned Shivajinagar police station, Pune on every Monday between 10:00 a.m. to 12:00 noon till conclusion of the trial. (A.R.JOSHI,J.)