1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 683 OF 2010 Sanjay K. Patil. ..Applicant. Vs. The State of Maharashtra. ..Respondent. WITH CRIMINAL APPLICATION NO.684 OF 2010 Amnol Tulshiram Tare. ..Applicant. Vs. The State of Maharashtra. ..Respondent. Mr.A.A. Kumbhakoni, Advocate i/by V.V.Purwant for the Applicants. Smt.A.A.Mane, APP. for the State. CORAM : R.S. MOHITE, J. DATE : 12th April, 2010 PC : 1 Since both these applications made by the two applicants arise out of C.R.No.I-205/2009 registered by Narpoli Police Station for the alleged offences punishable under Sections 302, 143,147,148,149,504 and 506 of the I.P.C. Same can be conveniently disposed off by this common order. 2 In Criminal Application No.683/2010 applicant is one Sanjay Kesarinath Patil who is shown by the prosecution as accused No.15 in the said crime. The applicant in Criminal Application No.684/2010 is the original accused No.13 in the said crime. The incident in question said to have taken place at about 1.30a.m. The prosecution case is that on the high way of Old Bombay Agra Road about 15-k.m s. from Thane town one Ajit Madhukar Patil was attacked by mob and killed. On perusal of the complaint, I find that it is mentioned therein that three persons Rajan Patil-accused No.10, Raja- accused No.10 and Vijay Itadkar accused No.11 were carrying revolvers and the complainant states that these revolvers were fired on the body of the deceased Ajit Patil. The Post mortem notes do not show any fire arm injury at all. The complainant also alleged specific overt act against the various accused. After making such specific allegations against some of the accused there is a general statement that the other accused persons assaulted 3 the deceased with their weapons. Against the present applicants there is no specific overt act. There are several eye witnesses to this case and many of them also talk about the hearing of firing during the incident. The investigation has however, not unearthed any evidence of the use of any fire arm at the spot. No bullets were found on the spot. In this view of the matter, it is necessary to tread carefully. It is seen that both these applicants have been arrested immediately after the incident. Sanjay has been arrested on 15.9.2009 and the Amol has been arrested on 24.8.2009. There is no recovery of any weapon from these persons. There is also no recovery of blood stained clothes and it is an admitted position that their clothes were not sent to Chemical Analyser for analysis. The record indicates that the police have recovered three choppers from the accused No.1 and according to accused No.1 chopper seized at his behest was used by accused No.12 Raja. Accused No.1 further states that sword recovered at his behest was used 4 by him. There is recovery of sword at the behest of the accused No.5 i. e. the sword which he has used himself. Thus, there is no recovery of weapon alleged to have been used by the present applicants. In this background, I have examined the plea of alibi as the same has been investigated by the police. It is the case of the applicant Sanjay that at the relevant time he was working in the night shift in his company till 11.00 p.m. This plea is supported by several statements recorded during the investigation from the workers. The applicant Amol has taken a plea of alibi . However, police investigation has neither proved or disproved that plea. It is true that alibi has to be proved at the stage of evidence as defence but a letter was issued to the I.O. On behalf of the applicants and the matter has been investigated. The statements recorded in this case are part of the investigation. The learned APP states that there is one crime registered against the applicant Sanjay and two crimes are registered against the 5 applicant Amol. None of these cases punishable with life imprisonment. Taking into account the aforesaid facts, I am inclined to grant bail to the applicants subject to stringent conditions. I therefore, pass the following order. ORDER a) Pending their trial in pursuance of C.R.No.I-205/2009 registered by Narpoli Police Station, Bhiwandi, both the applicants will be released on bail in the sum of Rs.25,000/- each with one surety each in the like amount subject to the condition that they will not stay within the Thane District, b) They will not contact or attempt to tamper with any of the witnesses in this case, c) Prior to their release they will inform the Jailer about their address where they propose to reside and they will report to the Police Station Officer of the Police Station having jurisdiction over their residential address once in a week on 6 every Monday between 11.00 a.m to 5.00 p.m. till the disposal of the trial, d) They will be permitted to enter Thane District only on the date of the trial and for the limited purpose for attending the trial and they will leave the Thane District immediately after the day s court proceeding was over. Both the applications stands disposed off. 2 Parties to act on a copy of this order duly authenticated by the registry of this court. ( R.S. MOHITE, J.)