.{1}. 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.1405 OF 2007 IN CRIMINAL APPEAL NO.1319 OF 2007 1. Mohd Hussain Siddhiki s/o Abdul Jabbar Siddhiki, & 2. Laxman Shriram Yadav. ..Applicants. Versus The State of Maharashtra. ..Respondent. .. Ms.Sartaj Shaikh, Adv. for the Applicants. Mrs.A.A.Mane, APP, for the Respondent-State. .. CORAM : S.B.MHASE AND CORAM : S.B.MHASE AND CORAM : S.B.MHASE AND SMT.V.K.TAHILRAMANI,JJ. SMT.V.K.TAHILRAMANI,JJ. SMT.V.K.TAHILRAMANI,JJ. DATED : MARCH 12, 2008. DATED : MARCH 12, 2008. DATED : MARCH 12, 2008. P.C.:- P.C.:- P.C.:- 1. Heard the learned Advocate for the applicants-orig.accused Nos.4 & 5 and the learned APP for the State. 2. The applicants-orig.accused Nos.4 & 5 have been convicted under Section 302 of IPC by the Addl.Sessions Judge, Greater Mumbai by judgment and order dated 6th September, 2007 in Sessions Case No.1053 of 2002. The applicants are now seeking bail. 3. It is an admitted fact that no eye witness implicates the present applicants. The learned APP .{2}. has stated that as far as applicant No.1 is concerned there is recovery of gunny bag, clothes of this accused and a wooden plank. As far as applicant No.2 is concerned, the learned APP has pointed out that there is recovery of one Gamchha, rope, chappal and clothes at the instance of applicant No.2. However, the learned APP states that there is no CA report on record and there is nothing to connect the articles recovered from both the applicants with the offence. Moreover, it is an admitted fact that the applicants were granted bail during pendency of the trial. Nothing has been pointed out by the learned APP that the applicants have misused the liberty granted to them. In this view of the matter, we are inclined to grant bail to the applicants. 4. Applicant No.1-Mohd Hussain Siddhiki s/o Abdul Jabbar Siddhiki and applicant No.2-Laxman Shriram Yadav to be released on bail in the sum of Rs.10,000/- (Rs.Ten Thousand Only) each with one surety in the like amount. 5. Application is disposed of accordingly. .{3}. [SMT.V.K.TAHILRAMANI,J.] [S.B.MHASE,J.] [SMT.V.K.TAHILRAMANI,J.] [S.B.MHASE,J.] [SMT.V.K.TAHILRAMANI,J.] [S.B.MHASE,J.]