sat 1 ba 1962-2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1962 OF 2011 1. Shri Raja Yashwant Thanage, 2. Shri Mayur Yashwant Thanage ...Applicants vs. The State of Maharashtra ...Respondent Mr.Rajiv Patil i/b. Mr.Milind Sawant for the Applicants. Mrs.A.A. Mane, APP for the State. CORAM : M.L. TAHALIYANI, J. (VACATION COURT JUDGE) DECEMBER 28, 2011 P.C. :- 1 Heard learned Counsel Mr.Rajiv Patil for the applicants and learned Additional PP Mrs.Mane for the State. 2 Perused the FIR. It appears that prime accused in the present case are one Jiganesh and Ajay. Both have been granted bail by the Sessions Court on 22nd December, 2011. The present applicants have been refused bail on the ground that they have got old criminal cases pending against them. As far as merits of this case are concerned, sat 2 ba 1962-2011 it is seen that a major role is played by Ajay and Jiganesh. The applicants have played secondary role. Apart from this, weapons used by the Ajay and Jiganesh were of deadly nature. One of the accused viz. Ajay was holding iron rod and he had inflicted the blow on the head of the injured. There is a fracture to occipital bone. It is possible because of iron rod. 3 It appears that the complainant has tried to aggravate the nature of allegations against the applicant Raja Thanage later on by giving a further statement in which he has stated that the applicant was holding a sword. This is a serious omission in the first statement recorded by the police. This appears to be an afterthought and malicious. In the circumstances, I am of the view that the applicants are entitled for bail. I. The applicants be released on bail in the sum of Rs. 15,000/- each with one solvent surety in the like amount for each of the applicant or cash deposit of Rs.20,000/- each in lieu of surety of Rs.15,000/- each. sat 3 ba 1962-2011 II.Both of them shall not enter the territorial jurisdiction of Vile Parle and Andheri Police Stations for a period of one month. III.It is made clear that if they commit slightest breach of the conditions of bail, the Court will seriously consider to cancel their bail. 4 Application is disposed of. (M.L. TAHALIYANI, J)