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. 4218 OF 2008 CRIMINAL APPLICATION NO. 4218 OF 2008 CRIMINAL APPLICATION NO. 4218 OF 2008 1. Shri Ganesh Sitaram Mengade, 2. Shri Sachin Vilas Tupere, 3. Shri Amol Hari Badhe ...Applicants (Orig.Accused Nos.1, 2 and 3) vs. The State of Maharashtra ...Respondent Mr.Kuldeep S. Patil for the Applicants. Mrs.M.H. Mhatre, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : JANUARY 5, 2009 DATED : JANUARY 5, 2009 DATED : JANUARY 5, 2009 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the applicants and APP for the State. 2. The learned Counsel for the applicants submits that at this stage, he does not wish to press the application for bail on behalf of applicant nos.1 and 2. 3. A FIR was lodged against the present applicants for the offence punishable under Section 302 read with 34 of the IPC in which it was alleged by the complainant that he was travelling on a scooter which was given by - 2 - the deceased and near the signal of the Chemist Company, the applicants came there, applicant no.3 - Amol threw chilly powder on his face and thereafter, applicant nos.1 and 2 assaulted the deceased with a chopper as a result of which he succumbed to injuries. The complainant ran away, however, applicant no.3 chased the complainant and tried to apprehend him. The trial court has rejected the application for bail filed by the present applicants. 4. The learned Counsel for the applicants submits that the only allegation against applicant no.3 is that he had thrown chilly powder on the face of the complainant and had tried to apprehend him when he tried to run away. 5. Since no allegations have been made by any of the witnesses that applicant no.3 had assaulted the deceased or was carrying a weapon when he was chasing the complainant, in my view, applicant no.3 is entitled to be released on bail subject to certain conditions being imposed. - 3 - 5. Applicant no.3 - Amol Hari Badhe be released on bail in the sum of Rs.5000/- with one or two sureties in the like amount. He shall not enter the jurisdiction of Kothrud Police Station pending the hearing and disposal of the criminal case. He shall give his new residential address to the Superintendent of Jail and shall report to the nearest police station from his new residence once in a week. If any complaint is received by any of the witnesses that the applicant is trying to tamper with the evidence or threaten any of the eye witnesses, liberty is granted to the prosecution to apply for cancellation of bail. 6. The application is allowed in the aforesaid terms and is disposed of. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)