1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1475 OF 2010 Deepak Kundlik Thombre and another ..Applicants V/s The State of Maharashtra ..Respondent ..... Mr.U.S. Malte, Advocate for applicants. Mrs.Vaishali Shinde, APP for respondent. ..... (CORAM : SHRIHARI P. DAVARE,J.) DATE : 30th April, 2010. PER COURT : 1. Heard Mr.U.S. Malte, learned Counsel for applicants and Mrs.Vaishali Shinde, learned A.P.P. for respondent. 2. This is an application preferred by applicant nos. 1 and 2 seeking bail in connection with C.R. No.I-43/2010 registered with police station, Parner, Dist.Ahmednagar for the offences punishable under Sections 149, 147, 148, 395, 427, 323, 324, 354 and 452 of Indian Penal Code and under Section 3/25 of Arms Act, since applicants were arrested on 15.03.2010 and they are under judicial custody presently. 3. At the outset, Mr.U.S. Malte, learned counsel for 2 applicant after advancing arguments, on instructions, requested to withdraw present application to the extent of applicant no.1 namely Deepak Kundlik Thombre. 4. In view of the said submission, present application in respect of applicant no.1-Deepak Kundlik Thombre stands dismissed as withdrawn. 5. As regards the present application in respect of applicant no.2-Pintu Balu Jambhulkar, it appears from the complaint lodged by complainant namely Avinash Prabhakar Khedare on 11.03.2010 in respect of occurrence of incident on the same date that although the name of applicant no.2 is disclosed in the contents of complaint, no specific role or overt act has been attributed to applicant no.2 during the course of incident of alleged assault upon complainant and his wife Manisha. 6. Hence, in the light of the aforesaid facts and considering the aspect that applicant no.2 is in custody since almost one and half months, therefore, there is no propriety in keeping applicant no.2 in custody furthermore and therefore, applicant no.2 is entitled to be enlarged on bail. 7. In the result, present application is partly allowed in respect of applicant no.2-Pintu Balu Jambhulkar and it is directed that applicant no.2 be 3 released on bail in connection with C.R. No.I-43/2010 registered with police station, Parner, Dist.Ahmednagar for the offences punishable under Sections 149, 147, 148, 395, 427, 323, 324, 354, 452 of Indian Penal Code and under Section 3/25 of Arms Act, on furnishing surety in the sum of Rs.15,000/- and on executing the P.R. bond in the like amount, on the following conditions : (a) Applicant no.2 shall attend the concerned Police Station, on written intimation, as and when required till filing of charge sheet and shall co-operate with the investigation. (b) Applicant no.2 shall not tamper with prosecution evidence and/or shall not influence upon the prosecution witnesses directly or indirectly. 8. Present criminal application no.1475/2010 in respect of applicant no.1-Deepak Kundlik Thombre stands dismissed as withdrawn, as aforesaid. (SHRIHARI P. DAVARE) JUDGE gas/cri1475.10