1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1618 OF 2008 Manoj Sakharam Nawale. ... Applicant. Versus State of Maharashtra ... Respondent. Mr. M. S. Karnik for the Applicant. Ms. P. P. Shinde, APP for the Respondent. CORAM : V. C. DAGA, J. DATED : 4TH JUNE, 2008. P.C.: Heard learned Counsel for the applicant and the learned A. P. P. for the State. 2. Perused the application and the material available on record. 3. The applicant is seeking bail under Section 438 of the Criminal Procedure Code, 1973 in connection with C. R. No. 25 of 2008 registered with Niphad Police Station, Malegaon for the offence punishable under Sections 307, 323, 504 r/w 34 of the Indian Penal Code and under Section 3/25 of the Arms Act. 4. The complaint made against the present applicant by the 2 complainant has been withdrawn giving written statement before the Police Officer that he gave complaint out of some misunderstanding. It is submitted by the learned Counsel for the applicant that the weapon sought to be projected was not a `pistol' but was an `air gun' which does not require any licence to hold. 5. In the aforesaid view of the matter, the applicant is granted anticipatory bail. In the event of his arrest, he be enlarged on bail on executing P. R. bond of Rs.25,000/- with one or two local sureties to make up the said amount on the following terms and conditions: (a) The applicant shall attend concerned police station once in a week i.e. every Sunday till filing of the charge sheet. (b) The applicant shall not directly or indirectly make any inducement or threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. (c) The applicant shall not pressurise witnesses and that he shall co-operate with the investigating agency, if and when required. 6. This order of anticipatory bail shall remain in force till the filing of the charge sheet. It would be open for the applicant to apply for regular bail before the regular court. 3 7. Any observation made in this order shall not be construed as any finding or any expression of opinion on the merits of the case at the time of trial. 8. It is needless to mention that breach of any of the conditions by the applicant shall result in cancellation of bail. 9. The Application is allowed in the above terms. Sd/- (V. C. DAGA, J.)