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 SIDE CRIMINAL APPELLATE SIDE CRIMINAL APPELLATE SIDE CRIMINAL APPLICATION NO.2882 OF 2008 CRIMINAL APPLICATION NO.2882 OF 2008 CRIMINAL APPLICATION NO.2882 OF 2008 1.Nilesh Kallappa Tanushal .. 2.Tushar Raghuath Mahale .. Applicants. Vs. The State of Maharashtra (At the instance of Bhosari police statio, Pune) .. Respondent. Mr.A.P.Mundargi, Sr.Advocate with Mr.Subhash Hulyalkar for the applicants. Mr.Y.S.Shinde APP for the respondent-State. CORAM: D.B.Bhosale,J. CORAM: D.B.Bhosale,J. CORAM: D.B.Bhosale,J. DATED: 29.09.2008 DATED: 29.09.2008 DATED: 29.09.2008 P.C.: P.C.: P.C.: . Heard Mr.Mundargi, learned senior counsel for the applicants and Mr.Shinde, learned A.P.P. for the State. 2. The applicants are seeking bail in C.R.No.197 of 2008 of Bhosari police station, Pune. The said crime has been registered against the applicants and seven others for the offence punishable under sections 302, 324, 342, 201, 143, 147, 148 and 149 of the Indian Penal Code. The alleged incident took place on 13.5.2008 at 11.00 p.m. in the premises of Thakur Enterprises situated at MIDC, Bhosari, Pune. It is alleged that at the relevant time the deceased, the complainant and two others entered the premises of Thakur Enterprises for committing theft of iron bar and when they were trying to flee they were chased by the accused persons. The accused persons apprehended the two out of four persons i.e. the deceased and the complainant. Remaining two managed to escape. After the deceased and the complainant were caught by the accused persons they were brought back to the premises of Thakur Enterprises and confined in the site office of the company where they allegedly assaulted the deceased and the complainant with the wooden log, iron rod and wire. 3. The prosecution arrested 9 accused in connection with the alleged offence and out of them 7 accused have already been released on bail Mr.Mundargi invited my attention to the FIR and submitted that all the accused were produced before the complainant in the hospital where he identified them and their names were mentioned in the FIR at the instance of the police. He submitted that admittedly, the applicants were not known to the complainant and in view thereof the test identification parade was conducted by the prosecution in which, there is no dispute, the present applicants were not identified by the complainant as the assailants. Keeping that in view and considering overall facts and circumstances of the case I am inclined to enlarge the applicants on bail. Hence I pass the following order: . The applicants be enlarged on bail in the sum of Rs.25,000/- each with one or two sureties to make up the said amount subject to the condition that they shall report to the concerned police station every Saturday between 10.00 a.m. and 11.00 a.m. till conclusion of the trial. (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)