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 JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4495 OF 2008 CRIMINAL APPLICATION NO. 4495 OF 2008 CRIMINAL APPLICATION NO. 4495 OF 2008 1. Pravin Prabhakar Dhule, 2. Pravin Prakash Gaikwad ...Applicants vs. The State of Maharashtra ...Respondent Mr.Kuldip S. Patil for the Applicants. Mr.D.P. Adsule, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : JANUARY 12, 2009 DATED : JANUARY 12, 2009 DATED : JANUARY 12, 2009 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the applicant and APP for the State. 2. The applicants have been arrested in connection with an offence punishable under Sections 395 and 427 of the IPC registered at Nallasopara Police Station, Vasai, vide C.R. No.I-442/2007. 3. Prosecution case is that the applicants had gone to the hotel of the complainant and after consuming liquor and having food in the said hotel, they did not pay the bill and damaged the property of the hotel and - 2 - also removed the gold chain from the owner’s neck and Rs.5000/- from his pocket and Rs.3000/- from the cash box. 4. The learned Counsel for the applicants submits that the chargesheet has been filed and provisions of Section 395 would not be attracted since essentially the dispute had arisen over the bad quality of fish which was served by the hotel owner. It is submitted that the charge of Section 395 has been added with ulterior motive. 5. The learned APP for the State submits that when the applicant was in custody, the threatening call was received by the SDPO, Vasai. It is submitted that if the applicants are released on bail, they are likely to threaten and intimidate the witnesses. It is submitted that the applicants belonged to a political party and as such they may intimidate the prosecution witnesses. 6. Taking into consideration the prosecution case and the fact that the charge has been filed and no - 3 - injuries were caused to any of the waiters in the said hotel, continued detention of the applicants in jail is not necessary. 7. The applicants, therefore, be released on bail in the sum of Rs.5000/- each with one or two sureties in the like amount subject to following conditions :- a) The applicants shall not enter the jurisdiction of Nallasopara (West) Police Station. b) The applicants shall not threaten witnesses and if any complaint is received by any of the witnesses, the bail granted to the applicants is liable to be cancelled. c) The applicants shall report to Vasai Police Station twice in a month for a period of six months and thereafter, once in a month during the pendency of the trial. - 4 - 8. The application, accordingly, is disposed of. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)