1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1769 OF 2010 Shri.Nitin R.Sonawale. ..Applicant. Vs. The State of Maharashtra. ..Respondent. WITH CRIMINAL APPLICATION NO.1775 OF 2010 Mr. Hemant Sambhaji Parab. ..Applicant. Vs. The State of Maharashtra. ..Respondent. Mr.S.Kadam i/by R.S.Shekhawat for the Applicant. Mr.A.S.Gadkari, APP. for the State. CORAM : R.S. MOHITE, J. DATE : 15th April, 2010 PC : 1 Since the applicants in both these applications are shown as an accused in C.R.No. 100/2009 registered by Kolsewadi Police Station for the alleged offences punishable under Section-302 read with 34 of the I.P.C., both the applications can be conveniently disposed off 2 together. The applicant in Criminal Application No. 1769/2010 i.e Nitin Sonawale is shown as accused No.15 whereas the applicant in Criminal Application No.1775/2010 Hemant Praab is shown as accused No. 5. The incident in question took place at 8.30p.m. On 1.6.2009 mob of 25 persons came and attacked the deceased Devidas Gaikwad by stones, iron rods, choppers, wooden logs etc. There are three injured eye witnesses in this case. One is the complainant Ashish Meher who does not name the applicant in Criminal Application No.1769/2010, Nitin Sonawale as one of the person present at the spot. Similarly other eye witnesses also does not name the applicant. Identification parade is also not held. In so far as the other witness Dinesh Sawant is concerned, his statement is recorded on 2.3.2009. He merely states that the applicant Nitin Sonawale was present in the mob. In his supplementary statement dated 3.6.2009 he states about carrying of a log by Nitin but does not attribute any overt act to Nitin. There is no recovery of log from the 3 applicant-Nitin though Nitin has been arrested on 6.10.2009. 2 In so far as Hemant Parab is concerned, though he is named in the F.I.R., no specific weapon is alleged to be carried by him nor any overt act is mentioned in the complaint. There is also no weapon discovered from this applicant. There is no evidence pertaining to blood stained clothes. In the circumstances, I am inclined to grant bail to both the applicants. It is therefore, directed that during the pendency of their trial in pursuance of C.R.No.100/2009 registered by Kolsewadi Police Station, Kalyan the applicants will be released on bail in the sum of Rs.25,000/- each with one surety each in the like amount subject to the condition that they will report to the Investigating officer once in a fortnight on every first and third Monday between 11AM to 5PM till the disposal of the trial and on further condition that they will not tamper the prosecution 4 witnesses and will remain present on all the dates of the trial in the trial Court. Both the applications stands disposed off. 2 Parties to act on a copy of this order duly authenticated by the registry of this court. ( R.S. MOHITE, J.)