1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.454 OF 2010 Guddusaab Mohomad Chinchale and ors. ..Applicants. Vs. State of Maharashtra. ..Respondent. Mr. M.K.Kocharekar i/by Prabha Badadare for the Applicants. Mr.Y.S.Shinde, APP. for the State. CORAM : R.S. MOHITE, J. DATE : 19th April, 2010 PC : 1 This is an application for grant of regular bail. The applicants are shown as an accused in CR No.137/2009 registered by Shivaji Nagar Police Station, Ichalkaranji for the alleged offences punishable under Section 302, 307, 143, 147, 148, 149 of the IPC and Section 37(1) (3) and 135 of the Bombay Police Act. The incident took place on 7.10.2009 and in the said incident deceased Vasant Appa Awaghade was stabbed by members of a mob. The motive according to the prosecution, was 2 to induce communal riots. According to the police, the compliant is filed by the brother in law of the deceased by name Sarjerao Pujari. The complaint was filed immediately on 7.9.2009. On perusal of the complaint, I find that complainant Sarjerao Pujari had specifically mentioned the names of four persons though he has stated that there were 6 to 7 other persons. The present applicants are not named by him in the said complaint. Subsequently another statement of the complainant was recorded on 8.9.2009 wherein he gives the names of seven persons. The complaint itself does not indicate as to from whom he learnt about the names of the assailants. After about 8 days statement of one Mohan Kumbhar who claims to be a witness was recorded but his statement indicates that the same was recorded after the present applicants were arrested. There are statements of injured witnesses recorded after 16.9.2009 and 17.9.2010. It is an admitted position that the present applicants were arrested on 8.9.2010. The reason as to how they 3 came to be arrested in the first place is not clear. In the circumstances, I am inclined to grant bail to the applicants. It is therefore, directed that pending their trial in pursuance of C.R. No. 137/2009 registered by Shivaji Nagar Police Station, Ichalkaranji, the applicants will be released on bail in the sum of Rs.25,000/- each with one surety each in the like amount subject to the condition that they will report to the Investigating Officer once in a fortnight on every first and third Monday between 11-AM and 5-PM till the disposal of the trial. Bail is also granted on the condition that they will not tamper with the prosecution witnesses and will remain present on all the dates of the trial unless exempted. Application is disposed off. 2 Parties to act on a copy of this order duly authenticated by the registry of this court. ( R.S. MOHITE, J.)