1 1 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.3151 OF 2008 Kuldeep Balasaheb Bandal & Anr. .. Applicants. Vs. The State of Maharashtra .. Respondent. Mr.A.P.Mundargi with Mr.S.M.Sabrad for the applicants. Mr.K.V.Saste A.P.P. for the State. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 14TH NOVEMBER, 2008. DATED : 14TH NOVEMBER, 2008. DATED : 14TH NOVEMBER, 2008. P.C.: . Heard learned counsel for the applicant and learned A.P.P. for the State. 2. The applicants are seeking bail in C.R.No.68 of 2008 of Kothrud police station, Pune. The said crime has been registered against the applicant and ten others for having allegedly committed an offence punishable under sections 302, 120-B, 143 to 149 of the IPC r/w section 4, 25 of the Arms Act r/w 135 of the Bombay Police Act. 3. The prosecution case is that on 7.2.2008 at 2.45 - 3.00 p.m., the present applicants alongwith ten others mercilessly assaulted the deceased - Sandeep and committed his murder. This incident was witnessed by 6-7 persons out of which Avinash Shilimkar alone has named the present applicants. Avinash has stated that when other accused were actually assaulting the 2 2 2 deceased with weapons in their hand the present applicants were instigating them to kill the deceased. From the statement of Avinash it cannot be stated that the applicants also assaulted the deceased. Moreover, none of the other eye witnesses have named the applicants nor have they stated that the unknown persons instigated the other accused to kill the deceased. Keeping the nature of allegations against the present applicants in view and considering overall facts and circumstances of the case, in my opinion, the applicants from whom their is recovery of motor cycles, deserve to be released on bail. Hence the following order: . The applicant be released on bail in the sum of Rs.40,000/- each with one or two sureties of the like amount subject to condition that the applicants shall report to the concerned police station on every Saturday between 10.00 a.m. and 11.00 a.m. 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. 3 3 3 (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)