1 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1990 OF 2010 Vijay Ganpat Itadkar .. Applicant -versus The State of Maharashtra .. Respondent. WITH CRIMINAL APPLICATION NO.1991 OF 2010 Rajendra @ Rajan Raghunath Patil .. Applicant -versus The State of Maharashtra .. Respondent. WITH CRIMINAL APPLICATION NO.1992 OF 2010 Rajesh @ Raju Ravikant Patil .. Applicant -versus The State of Maharashtra .. Respondent. Mr. A. A. Kumbhkoni, for all the Applicants. Smt. A.A. Mane, APP for the state. CORAM: R.S.MOHITE, J. DATED: 22nd April, 2010 P.C. 1. Since all these three applications moved by the applicants are arising out of CR No.I/205/2009, registered by the 2 Narpoli Police station for the alleged offences punishable under section 302, l43, l47, l48, l49, 504, 506 of the Indian Penal Code and section 3, 25, of Indian Arms Act, section 37(1) and l35 of Bombay Police Act, therefore, all these applications can be conveniently disposed of this common order. 2. Vijay Ganpat Itadkar, who is shown by the prosecution as accused No.11 in the said crime. Rajenda @ Raju Patil, who is shown as accused No.10 in the said crime and one Rajesh @ Raju Patil is shown as accused No.12. 3. The incident is alleged to have taken place at 1.30 am on 7.8.2009. The prosecution case is that on the highway of old Bombay Agra Road about 15 Kms from Thane town one Ajit Madhukar Patil was attacked by a mob and killed. On perusal of the complaint, I find that it is mentioned therein that three persons ie accused No.10, 11 and 12 were carrying revolvers. From the postmortem report, on the body of deceased Ajit Patil, there is no firearm injury at all. The complainant has also alleged overt act against the various accused. But the injuries found, were injuries by sharp weapon. 4. It is nobody’s case that the present applicants were carrying any sharp weapons. There are several eye witnesses, many of them state about firing during the incident, but no such assault by the applicants by sharp weapons is alleged. 3 Investigation Officer has also not unearthed any evidence of the use of any fire arm at the spot. No bullets or empties were found on the spot. In view of the above facts, I am inclined to grant bail to the present applicants but subject to stringent conditions. It is, therefore, pending their trial in pursuance of CR No.I/205/09, registered at Narpolice Police Station, Bhiwandi, all the three applicants herein may be released on bail in the sum of Rs.25,000/- each with one surety each in the like amount subject to the following conditions : a) They will not stay within Thane District. b) They will not tamper with any of the prosecution witnesses and will remain present on all dates of trial unless exempted. c) At the time of release on bail, they will inform the concerned police station where they propose to reside and report to the police station having jurisdiction over their residential area on every Monday between 11.0 am to 5.00 pm. d) They will be permitted to enter Thane only on the day of trial for the limited period of trial and they will leave Thane District after day’s Court proceeding is being over. 5. All the three applications stand disposed of with 4 aforesaid order. (R.S. MOHITE, J.)