ssp 1 appln3115-3169.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3115 OF 2010 Sambhaji Shivaji Thorat & Anr. .. Applicants V/s. State of Maharashtra .. Respondent ALONG WITH CRIMINAL APPLICATION NO.3169 OF 2010 Pravin Kakasaheb Patil ..Applicant vs. State of Maharashtra ..Respondent Mr.M.K.Kocharekar i/b Mr.Sandeep Babar for the Applicants in both the applications. Mr.K.V.Saste, A.P.P in Cri.Appln.No.3115/2010 Mr.P.S.Hingorani, A.P.P in Cri.Appln.No.3169/2010 CORAM : A.R.JOSHI, J DATED : AUGUST 5TH, 2010. P.C. 1 By the present order both the applications are being disposed of. There are two applicants by names Sambhaji and Promod in first application for bail and there is one applicant by name Pravin Patil in second application for bail. All the applicants are in custody since December 2009 in the matter of offence under sections 307, 353, 332, 333 r/w 120-B of the Indian Penal Code. Investigation is already over and charge sheet is already ssp 2 appln3115-3169.sxw filed on 22nd January 2010. It is also an admitted position that one of the co-accused by name Umesh Mane has been granted bail by this Court in Criminal Application no.2341 of 2010 vide order dated 23rd June 2010. 2 For the purpose of present two applications, certain facts giving rise to the filing of the case against the present applicants and specifically by way of application under section 120-B of the Indian Penal Code can be narrated. On the day of the incident one accused person in some another matter was being taken to Karad Sessions Court for production. It was about 3.00 p.m. when the said accused by name Salim Shaikh was being taken in police escort. Suddenly there was some commotion and one Deepak Patil, who is the present accused in the matter, appeared on the scene. He pulled out the revolver, probably to do away with the said accused and it was probably out of the rivalry between the two gangs. Police Officers who were in the escort party raised alarm and could manage to apprehend the said Deepak. However, prior to that the said Deepak could manage to take out his revolver and fired a shot towards the accused in the escort. The shot missed the target and hit one Police Officer by name Gaikwad causing bleeding injury. The said Deepak was apprehended on the spot. His revolver was ssp 3 appln3115-3169.sxw also recovered. 3 According to the investigating agency, during interrogation of the said main accused and through other sources, alleged involvement of the present applicants was revealed. However, admittedly, it is not the case of the prosecution that any of these applicants were present on the spot when the said incident of shooting took place. Only circumstance pressed against these applicants is their assembling at some other place about 5 to 6 months prior to this incident of shooting. According to the learned A.P.P only circumstance which link the present applicants to the offence of application under section 120-B of the Indian Penal Code is that about 5 to 6 months prior to the incident of this firing, there was sort of meeting in which present applicants along with one more associate by name Abhinandan participated in some discussion and it happened in rather hilly area near the residence of one witness. According to the said witness, all the said persons had consumed liquor and when they spotted the presence of the witness, they stopped talking. There is nothing in the statement of the witness that he had overheard any talk which may incriminate the applicants. According to the said witness, after some time the applicants and their associates left the spot and went inside the hilly region ssp 4 appln3115-3169.sxw and after some time said witness heard the firing of four rounds from some weapon. Only this is the circumstance alleged against the present applicants so far as their involvement in the shooting which took place after 5 to 6 months of such alleged meeting. 4 Considering the above factual position, it cannot be said that above alleged circumstance will prompt the Court not to allow the present bail applications. The learned Advocate for the applicants submitted that there are reports filed so far as the present applicants are concerned as per the provisions of section 169 of the Code of Criminal Procedure,1973. However, reportedly, the said reports have not been accepted. The learned A.P.P is not in a position to throw much light on this submission for want of instructions from the Investigating Officer. All the same, apart from the acceptance, or otherwise the reports under section 169 of the said Code, in the opinion of this Court, the present applicants are deserves to be enlarged on bail. Hence, the order : i) Criminal Application Nos.3115 of 2010 and 3169 of 2010 are allowed. ii) The applicants viz. Sambhaji Shivaji Thorat and Promod Hindurao Jagdale in Criminal Application No.3 ssp 5 appln3115-3169.sxw 3115/2010 and Pravin Kakasaheb Patil in Criminal Application no.3169/2010 be released on bail on their executing P.R. Bond in the sum of Rs.15,000/- each with one surety each in the like amount. iii)After availing bail, the applicants shall attend the Karad City police station once in a week on every Sunday between 10.00 a.m. to 12 noon. (A.R.JOSHI,J.)