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 CRI.APPLICATION NO.4088 OF 2008 CRI.APPLICATION NO.4088 OF 2008 CRI.APPLICATION NO.4088 OF 2008 1.Shri Ganesh Namdeo Mahalunge, 2.Shri Raju Ibrahim Kalaigar, 3.Shri Chandrakant Baburao Durde, 4.Shri Umesh Balasaheb Shinde, .. Applicants Vs The State of Maharashtra, .. Respondent. Mr K.S.Patil, for the applicants. Mr Y.S.Shinde, APP, for the respondent. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. DATE : 04/12/2008 DATE : 04/12/2008 DATE : 04/12/2008 PC: PC: PC: 1. Heard Mr.Patil, learned counsel for the applicants and Mr.Shinde, learned APP, for the State. 2. The applicant is seeking bail in C.R.No.111 of 2008 of Jaysingpur police station, Dist-Kolhapur. The said crime has been registered against the applicants and one another for having allegedly committed an offence punishable under sections 143,147,148, 149,326,452, 337,427 of IPC, sections 7 and 25 of the Indian arms Act and section 135 of the Bombay Police Act. 3. Mr Patil, learned counsel for the applicants, upon instructions, does not press this application on behalf of applicant no.1 -Ganesh Namdeo Mahalunge and seeks liberty to file application for bail before the Sessions Court after filing of the chargesheet. The application filed on behalf of applicant no.1 is disposed of as not pressed, with liberty as prayed. 4. It is the prosecution case that applicant nos 2 to 4 also participated in the incident of assault, which occurred on 2.11.2008 at 10 am. It is alleged that these three applicants along with applicant no.1 and one another, assaulted the complainant- Ganesh Nalawade and Sachin Khilare. I have perused the injury certificates of both. Ganesh Nalawade sustained three incised wounds and one contusion. He has stated that applicant no.1 Ganesh Mahalunge alone was armed with sharp edged weapon and the other accused were armed with cricket stumps and stones. Similar is the statement of Sachin Khilare. He sustained only one incised wound and two abrasions. Abrasions appear to be simple in nature. Insofar as the incised wounds sustained by both these witnesses are concerned, they are attributable to applicant no.1 Ganesh, since he alone was holding sharp edged weapon. Keeping the role attributed and allegedly played by applicant nos 2 to 4 in view and considering overall facts and circumstances of the case, I am inclined to enlarge them on bail. Hence, the following order. . Applicant nos.2 to 4 are directed to be released on bail in the sum of Rs.25000/- each with one or two sureties in the like amount, subject to condition that they shall report to the concerned police station every Wednesday and Saturday between 7 and 8 pm till filing of the chargesheet and thereafter on every alternate Saturday till conclusion of the trial. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case without being influenced by the observations made in this order. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)