- 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No.4206 OF 2007 Nagesh Balasaheb & Ors. Applicants vs. State of Maharashtra Respondent Mr. V. V. Purwant, Advocate for the applicants. Mr. K. V. Saste, APP for the respondent. CORAM : D. G. KARNIK, J. DATE : MARCH 17, 2008. PC 1. Heard. 2. By this application, applicants seek pre-arrest bail in connection with C.R. No.83 of 2006 registered with Barshi Police Station for the alleged offence punishable under section 143, 147, 332, 336, 337, 427, 353 and 307 of Indian Penal Code. 3. At the outset learned counsel for the applicants submits that application for applicant No.1 has become infructuous in as much as he was arrested and released on regular bail by the trial Court. The application of applicant No.1 for bail is dismissed being infructuous. - 2 - 4. Prosecution case is that, on account of dispute relating to election of Bhogavati Co-Op. Sugar Factory, some stone pelting was going on near Raut Chawl. API Shahaji Shinde went to the site and made appeal to the mob to maintain peace. Despite the appeal, stone pelting was going on and one of the stones hit the helmet of Mr. Shinde. One or more stones hit the police jeep which was also damaged. Therefore, FIR was lodged by him. 5. None of the applicants was named in the FIR. Learned APP, however, submits that the applicants have been named by two witnesses. Statements of the two alleged eye witnesses were recorded on 5th and 6th of July 2006 respectively. More than 18 months have since passed and now the applicants are sought to be arrested. With the passage of time, in my opinion, presence of applicant is not necessary for the purpose of custodial investigation. Applicant No. 1 has already been granted bail by the trial Court. In the circumstances, applicant Nos. 2 to 11 are entitled to bail. Hence, I pass following order. _O_R_D_E_R_ 1. Application by applicant No.1 is dismissed as - 3 - infructuous. 2. In the event of arrest of applicant Nos. 2 to 11, each of them shall be released on bail, on furnishing personal bond of Rs.15,000/- each with one surety in the like amount, subject to condition that the applicants shall not change their present residential address without prior intimation to the concerned police station. Sd/- [ D. G. KARNIK, J.]