1 mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3926 OF 2007 Nayyar Gulam Mishal & ors. .. Applicants versus State of Maharashtra .. Respondent ... Mr.N.P. Bhavsar for the applicant. Mr.U.V. Nikam APP for the State. Mr.Firoz Ibrahim Khan complainant present in court. CORAM : D.G.KARNIK, J DATED : 28th January 2008 P.C.: 1. Heard learned counsel for the applicants and learned APP for the State. 2. The applicants seek pre-arrest bail in connection with the offence registered at Vasai police station under Crime No.I-128/07 for offence punishable u/s.452, 323, 504 r/w sec.34 of the IPC. First Information Report was lodged by Firoz Ibrahim 2 Khan (for short "the complainant") against the applicants on 18th November 2007 at about 16.10 p.m. stating that the applicants entered his house and forcibly tried to remove his wife from the house. In the scuffle, the maxi worn by the wife was torn. When the complainant intervened, the applicant assaulted the complainant with fist blows and kicks by legs. The applicants have denied the incident and have alleged that in fact it is the complainant who assaulted the applicants over some previous quarrel. Applicants also lodged FIR with the police. However, the same was registered as non cognizable case on the very day. The offence alleged u/s.323 and 504 are both bailable. As regards the offence alleged u/s.452 there does not appear to be any independent witness. The applicants reside at the address mentioned in the title of the application for more than 10 years. There is no fear of applicants absconding in the event bail is granted to them. 3. In the circumstances, in my view, the applicants are entitled to pre-arrest bail. Thus, I pass the following order :- O R D E R O R D E R O R D E R . In the event of arrest of any of the 3 applicants, each of them shall be released on bail on personal bond of Rs.20,000/- with one surety in the like amount subject to the condition that the applicants shall co-operate with the investigation and shall attend the concerned police station once a week between 5 pm and 7 p.m. on every Monday and also on such other date on which they may be specifically summoned and shall offer themselves for investigation/interrogation. . This order shall come to an end on the charge-sheet being filed whereupon the applicants shall be entitled to apply for bail before the regular court. If such an application is made, it shall be considered on its own merits without being in any way influenced which are only prima facie. (D.G. KARNIK, J)