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. 4666 OF 2008 CRIMINAL APPLICATION NO. 4666 OF 2008 CRIMINAL APPLICATION NO. 4666 OF 2008 1. Shri Yogesh Chandrakant Jadhav, 2. Sachin Gangadhar Raundal ...Applicants vs. The State of Maharashtra ...Respondent Mr.Abhaykuma Apte 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 23, 2009 DATED : JANUARY 23, 2009 DATED : JANUARY 23, 2009 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the applicants and APP for the State. 2. The applicants have been arrested in connection with an offences punishable under Sections 302, 143, 147, 148, 149, 323, 504, 506 read with 34 of the IPC. 3. It is the case of the prosecution that the applicants and other accused assaulted the deceased with sword and wooden sticks as a result of which he succumbed to injuries. - 2 - 4. Counsel for the applicant submits that both the applicants have stated that they were on duty. The applicant no.1 had gone to Raipur for making delivery of four jeeps. So far as the other applicant is concerned, it is his case that he was on third shift and he was attending his duty. However, at this stage, while considering the application for grant of bail, the offence of alibi cannot be taken into consideration since the evidence has to be lead on this issue. However, looking at the evidence of the eye witnesses, it appears that the witnesses have stated that the applicants were carrying wooden sticks. Some witnesses stated that there were hockey sticks and the injuries on the person of the deceased are incised wounds. The charge-sheet has already been filed. In my view, under these circumstances, continued detention of the applicants is not necessary. The applicants deserve to be released on bail subject to certain conditions being imposed. 5. The applicants be released on bail in the sum of Rs.5000/- each with one or two sureties in the like - 3 - amount in connection with C.R.No.406/2008 registered at Nashik Road Police Station, for the offences punishable under Sections 302, 143, 147, 148, 149, 323, 504, 506 read with 34 of the IPC. They shall not enter the city of Nashik pending the hearing and final disposal of the criminal case. The applicants shall give their new address to the Jail Superintendent and shall report to the nearest police station from their new address once in a month. The applicants shall not threaten any witness or try to tamper with the evidence. If any complaint is received by the police, the bail granted to the applicants shall be cancelled. 6. It is clarified that after the charge-sheet is filed, the applicants shall be permitted to enter the Nashik City for the purpose of attending the Sessions Court on the date of the trial. 7. The application is disposed of. - 4 - (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)