1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2065 OF 2010 Raju Govind Suvarne and ors. ..Applicants. Vs. The State of Maharashtra. ..Respondent. Mr.S.M.Sabrad for the Applicants. Smt.M.H.Mhatre,APP. For the State. Mr.K.S.Patil for the Intervener. CORAM : R.S. MOHITE, J. DATE : 29th April, 2010 PC : 1 This is an application for grant of regular bail. The applicants are shown as an accused in C.R.No. I-76/2009 registered by Karjat Police Station for the alleged offences punishable under Sections 302, 326, 324, 505, 147, 148, 149 of the I.P.C. and U/s. 37(1)(3) and 135 of the Bombay Police Act. The name of the deceased is one Arun Shinde. The incident in question took place on 3.9.2009. There are as many as four eye witnesses including the complainant and they have all given similar version and details as regards the part of 2 incident which they have actually seen. The statements of witnesses indicate that deceased Arun Shinde came to the garage of one Ashok Suvarne and quarrel started between them . When the complainant Saddam Ansari tried to intervene, the accused Ashok started to beat him with his hands. At that time three motor cycles came to the spot. The accused Dilip Shinde, Karan Shinde and the present applicant Raju Suvarne and three others were on these motor cycles. Saddam Ansari tried to run away from the spot when all the accused persons chased him and started to beat him. Accused Dilip Shinde hit Saddam Ansari on his head and leg causing grievous injuries. Accused Ashok Suvarne hit deceased Arun Shinde on other parts of his body with an iron part which was in his hand. The complainant does not mention any overt act on the part the applicant No.1 so far as deceased is concerned. As far as accused No.2 is concerned he was allegedly instigating that Arun Shinde should not be left alive. On these instigations Arun 3 Suvarne gave some more blows to the deceased. It is clear that present applicants have not assaulted either to injured Saddam Ansari or the deceased Arun Shinde. They were present on the spot as a matter of chance. It is not the prosecution case that they arrived at the spot in presence of any prior plan. I have already granted bail to the other accused who are in similar footing. 2 On behalf of the complainant, it is pointed out that there is earlier case against these applicants U/s.307 of the I.P.C. In the circumstances, even if bail is granted it will have to be on very stringent conditions. 3 It is therefore, directed that pending their trial in connection with C.R. No.I-76/2009 registered by Karjat Police Station the applicants may be released on bail in the sum of Rs.25,000/- each with one surety each in the like amount subject to the condition that they will stay 4 outside the Raigad District. Before their release they will be required to furnish to the Investigating Officer, in writing the address where they intend to reside. They will report to the Police Station Officer of the Police Station having jurisdiction over their place of residence once in a week on every Monday between 11-AM and 5-PM till the disposal of the trial. They will be entitled to enter Raigad District only on the date of the trial and for the purpose of trial and they will leave the Raigad District after the case is adjourned. Bail is also granted on further condition that they will not tamper with prosecution witnesses and will remain present on all the dates of the trial in the trial court, unless exempted. Application is disposed off. Parties to act on a copy of this order duly authenticated by the registry of this court. ( R.S. MOHITE, J.)