IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3345 OF 2009 Babasaheb @ Baba Devba Waghmode & Ors. . ..... ...Applicants V/s The State of Maharashtra ..... ..... ..Respondent. Mr.Rahul S. Kate, Adv. for the applicants. Mr.Y.M.Nakhwa, APP for the Respondent. CORAM: A.P.DESHPANDE, J. 28th August, 2009. PC: Learned counsel for the applicant after arguing the application for quite some time does not press the application so far as applicant Nos. 1­Babasaheb @ Baba Devba Waghmode, 3­Somnath Devba Waghmode and 4­Shahaji Devba Waghmode are concerned but only presses the application so far as applicant No.2­Sabehrao @Saybu Devba Waghmode is concerned. 2. Perusal of the FIR reveals that vague allegation is made against the applicant No.2 that he had hit the complainant with a stone on the waist. There is no injury on the waist. Thus in the absence of any specific overt act which connects the applicant No.2 with the injuries sustained by the complainant, in the submission of learned counsel for the applicant the said applicant is entitled to be released on bail. 3. My attention is invited to the order passed by Justice A.S.Oak dated 7.7.09 where in similarly placed applicants/accused are released on bail on certain conditions. Even on the ground of parity applicant No.2 is entitled to be released on bail. The applicants are facing charge for offence punishable under sections 395 and 397 of IPC. Perused the 1 medical certificate, in the light of FIR. Having regard to the totality of facts and circumstances applicant No.2­Sabehrao @Saybu Devba Waghmode deserves to be released on bail. In the result I direct that the applicant No.2­Sabehrao @ Saybu Devba Waghmode shall be released on bail on executing personal bond in the sum of Rs.15,000/­ with one or two sureties in the like amount. Bail is granted subject to condition that the applicants will cooperate in the investigation and shall not tamper with the evidence and will not make any attempt to influence or pressurize the prosecution witnesses. The applicant shall attend Natepute police station once in fortnight till conclusion of trial. Application stands disposed of. 28.8.2009. 2