1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 5158 OF 2009 1. Satish Arjun Bote 2. Ganesh Arjun Bote 3. Subhash Bhagvat Bote 4. Dattatraya Subhash Bote .... Applicants. V/s The State of Maharashtra ..... Respondent. Mr. J. D. Mane for the applicant. Mrs. S.D. Shinde, APP for the State. Mr. V.V. Purwant for the original complainant. CORAM: V. M. KANADE, J. DATE : 15TH DECEMBER, 2009 P.C.:- 1. Heard the learned Counsel for the applicants and the learned APP for the State and the learned Counsel appearing on behalf of the original complainant. 2. Applicants have been arrested in connection with the offence punishable under sections 302, 147, 148, 149, 341, 323, 504 read with section 34 of the Indian Penal Code which is registered with Vairag Police Station vide C.R. No. 172 of 2009. 3. It is alleged that a young boy of 19 years of age who 2 was slightly mentally derailed was assaulted by the present applicants and was taken to some other place where two other accused poured kerosene on him and set him on fire. Charge-sheet is not yet filed. The only allegation against the present applicants appears to be that they initially assaulted him. This being the position, in my view, continued detention of the applicants is not necessary. However, some condition will have to be imposed on the applicants because if the applicants are permitted to enter the said village they may threaten the prosecution witnesses. 4. Applicants be released on bail in C.R. No.172 of 2009 registered with Vairag Police Station in the sum of Rs 5000/- each with one or two sureties in the like amount each. They shall not enter the village Uplai (Thonge) till filing of the charge-sheet. They shall give their new residential address to the Superintendent of Jail before their release. They shall report to the nearest Police Station from their new residential address once in a week till filing of the charge- sheet and, thereafter, once in a month. Applicants shall not threaten any of the prosecution witnesses. 5. Application is disposed of. (V.M. KANADE, J.)