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.1815 OF 2009 Shivaji Vishwanath Jadhav .. Applicant. Vs. State of Maharashtra .. Respondent. Ms.Sartaj Shaikh i/b J.B.Panke and R.B.Mungekar for the applicant. Mr.J.P.Yagnik A.P.P. for the State. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 6TH MAY, 2009. DATED : 6TH MAY, 2009. DATED : 6TH MAY, 2009. P.C.: . Heard learned counsel for the applicant and learned A.P.P. for the State. 2. The applicant is seeking bail in C.R.No.29 of 2009 of Vairag police station. The said crime has been registered against the applicant and three others for having allegedly committed an offence punishable under sections 436, 447, 323, 504, 506 r/w 34 of IPC. 3. It is the case of the prosecution that on 16th February, 2009 at 11 am the co-accused entered the field of the complainant and assaulted her and her daughter-in-law, and thereafter, burned her house Initially the FIR was lodged against four co-accused. No allegations of whatsoever nature were made against the applicant, either by the complainant or any other witness. Thereafter, on 4.3.2009 2 2 2 statements of four persons were recorded, who stated that the applicant burnt the house of the complainant. From their statements it appears that even the complainant was present when the house was burnt. It is on the basis of the statements of these witnesses, which were recorded on 4th March, 2009, on 17th March, 2009 the applicant came to be arrested in connection the alleged offence. The charge-sheet has already been filed. Having regard to overall facts and circumstances of the case I am satisfied that continued detention of the applicant is not necessary. Hence the following order: . The applicant be released on bail in the sum of Rs.10,000/- with one or two sureties in the like amount subject to the condition that the applicant shall report to the concerned police station on first Saturday of every month between 10 am and 11 am 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 uninfluenced by the observations made in this order. . The application is disposed of. 3 3 3 (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)