1 1 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1779 OF 2009 Sandipan Maruti Shinde & Ors. .. Applicants. Vs. State of Maharashtra .. Respondent. WITH CRIMINAL APPLICATION NO.1897 OF 2009 Chhayabai Ambadas Waghmode & Ors. .. Applicants. Vs. State of Maharashtra .. Respondent. Mr.Surel S.Shah for the applicant in CA No.1779/09 and Mr.Ujwal Agandsurve for the applicant in CA No.1897/09. Mr.J.P.Yagnik APP for the State in both the applications. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 2ND MAY, 2009. DATED : 2ND MAY, 2009. DATED : 2ND MAY, 2009. P.C.: . Heard learned counsel for the applicants and learned A.P.P. for the State. 2. The applicants are seeking anticipatory bail in C.R.No.64 of 2009 of Mohol police station. The said crime has been registered against the applicants and others for having allegedly committed an offence punishable under sections 143, 147, 149, 324, 326 and 448 r/w 34 of IPC and section 135 of the Bombay Police Act. 2 2 2 3. There was a fight between the two groups in which persons from both the sides sustained injuries. It appears that one Mahadev Waghmode, one of the accused persons in the instant C.R. (C.R.No.64 of 2009) lodged a complaint, bearing C.R.No.63 of 2009, against 14 persons. Insofar as present C.R.No.64 of 2009 is concerned, three persons sustained injuries whereas in C.R.No.63 of 2009 about 6-7 persons sustained injuries. 4. In C.R.No.64 of 2009 Dulappa Waghmode, Bapu Waghmode and Sambhaji Shinde sustained injuries. Dulappa Waghmode and Bapu Waghmode sustained one grievous injury each and both the injuries are on the left forearm of these witnesses. Rest of the injuries sustained by all three are described as simple in nature. Mr.Yagnik, learned A.P.P. after going through the statements of the complainant, Dulappa Waghmode, Bapu Waghmode and Sambhaji Shinde, fairly submitted that the applicants in these applications have not assaulted either of them. The only allegation against the applicants is that they instigated the other accused. From the rival group also one person, namely, Mahadev Waghmode sustained two grievous injuries. Rest of the injuries sustained by him and the other witnesses are simple in nature. 3 3 3 Keeping overall facts and circumstances of the case in view I am satisfied that the custody of the present applicants would not be necessary, hence I pass the following order: . In the event of arrest, the applicants be released on bail in the sum of Rs.5,000/- each with one or two sureties in the like amount subject to the conditions stipulated in sub-section (2) of section 438 of the Code of Criminal Procedure. Further, the applicants are directed to report to the concerned police station on every Wednesday and Saturday between 10 am and 11 am for a period of one month and thereafter on every Saturday between 10 am and 11 am for a period of 90 days from the date of their arrest or till filing of the charge sheet, whichever is earlier. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case uninfluenced by the observations made in this order. . The application is disposed of. 4 4 4 (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)