1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 89 OF 2009 1. Shri Sachin Hiraman Donde 2. Shri Vikas HIraman Donde ...... Applicants. V/s The State of Maharashtra ...... Respondent. ------ Mr. Z.M. Avhad for the applicants. Mr. D.P. Adsule, APP for the State. ------ CORAM : V.M. KANADE, J. DATE : 9th January, 2009 P.C.: 1. Heard the learned Counsel for the applicants and the learned APP for the State. 2. Applicants have been arrested in connection with the C.R. No. I- 559/2008 registered against them for the offence punishable under section 302, 147, 148, 149, 452, 324, 323, 504 of the Indian Penal Code read with section 135 of the Bombay Police Act. 2 3. It is alleged that the applicants were carrying wooden sticks in their hands and one Santosh Uike had a sickle with which he assaulted the deceased and as a result of the injury which was caused by the sickle, he died. 4. The learned Counsel appearing on behalf of the applicants submits that the only role played by the applicants, according to the prosecution, was that they were carrying wooden sticks. 5. The learned APP appearing on behalf of the State submits that the investigation is still in progress and that the complainant has received threats from Shardabai Donde and in order to ensure that the investigation is not hampered certain conditions may be imposed on the applicants. 6. The statements of the witnesses indicate that the applicants were carrying wooden sticks and the assault by wooden stick was not the cause of death. 7. Applicants, therefore, be released on bail in the sum of Rs 5,000/- each with one or two sureties in the like amount. Applicants, however, shall not enter the area of Nasik City, pending the hearing and final disposal of the trial. Applicants shall give their new residential address to the Superintendent of Police before they are released on bail. Applicants shall report to the nearest Police Station from their new residence once in a month, pending the hearing and final disposal of the trial. Applicants also shall not threaten the 3 witnesses. If any complaint is received by the police, the bail granted to the applicants shall be liable to be cancelled. 8. Application is disposed of. (V.M. KANADE, J.)