1 Appln 4753-10 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4753 OF 2010 Nilesh Sadashiv Bhosale ..Applicant V/s. The State of Maharashtra ..Respondent Mrs.Revati Mohite - Dere with Mrs.Smita Deokar, Advocates, for the Applicant Mrs.P.P.Shinde, APP, for the Respondent - State WITH CRIMINAL APPLICATION NO.4662 OF 2010 Pappu Baburao Jadhav ..Applicant V/s. The State of Maharashtra ..Respondent Mr.Amit Sale, Advocate, for the Applicant Mrs.P.P.Shinde, APP, for the Respondent - State CORAM : R.C.CHAVAN, J. DATE : 16TH NOVEMBER, 2010 P.C. . The applicants in these two applications in connection with C.R.No. 361 of 2009 for the offence punishable under 2 Appln 4753-10 Sections 307, 120(B) read with Section 34 of the Indian Penal Code and under Section 4(25) of the Arms Acts registered with Deccan Gymkhana Police Station, Pune, are alleged to have participated in an assault on one Ms Supriya Kanse at the instance of Leena Motewar. Except for the presence of applicant Pappu in the vicinity according to the call details of his mobile phone and recovery of unidentified cash of Rs.7000/- from the applicant's brother, there is nothing to connect the applicant to the crime at least for the present. 2. As far as applicant Nilesh is concerned, likewise except the allegation that he participated in the assault & recovery of Rs.20,000/- & clothes, there is nothing for the present which implicate him. Clothes were recovered on 4th January, 2010 when applicant was arrested. Incident is of 19th December, 2009. Though the learned APP has a hope that 3 Appln 4753-10 C.A.Report will throw some light, it would be difficult to believe that applicant would continue to wear same clothes on 19th December, 2009 and again when he walked in the police station on 4th January, 2010. 3. The victim as well as Rajkumar Viradar, eye witness has refused to participate in the Test Identification Parade and has refused to identify the present applicants. 4. In view of this, applicants' being in jail pending their trial is unwarranted. Applicants be released on bail on their furnishing P.R.Bond of Rs.50,000/- each with one or more solvent sureties in the like amount of Rs.50,000/-. 5. Criminal Applications are disposed of. (R.C.CHAVAN, J.) 4 Appln 4753-10