1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2472 OF 2009 1. Babu Murlidhar Nimbalkar .. 2. Kapil K.Ahir .. 3. Gorakh @ Guru V.Chide .. Applicants. Vs. State of Maharashtra .. Respondents. Mr.A.P.Mundargi, Senior Counsel with Mr.S.V.Marwadi i/b Ms.Sunita Sharma for the applicants. Mrs.P.P.Shinde A.P.P. for the State. Coram: D.B. BHOSALE, J. Dated : 30th June, 2009 P.C. Heard learned senior counsel for the applicants and learned A.P.P. for the State. 2. The applicants are seeking bail in C.R.No.452 of 2008 of Samta Nagar police station, District Mumbai. The crime has been registered against the applicants and eight others for having allegedly committed an offence punishable under sections 143, 144, 145, 146, 147, 148, 149, 324, 302, 452, 120(B), 201 r/w 34 of IPC and under section 37(1) of Arms Act and section 137 of Bombay Police Act. 3. The prosecution case, in short, is that on 9.11.2008 at 2 about 10 am all the accused forced their entry in the office of society and committed murder of Shantaram Kanade, secretary of the society. When the incident occurred, manager of the society – Manoj Nair and plumber – Sushant Barik were also present in the office. They claim that they saw the incident right from beginning till the end. I perused the statements of these witnesses, recorded on 9.11.2008 and 10.11.2008. They have not made specific reference to the present applicants in their statements. It is true that the accused persons were not known to the witnesses and, therefore, they did not make reference by name. However, in the test identification parade they identified all the three applicants as the persons amongst 10-12 accused who forced their entry into the office and committed the offence. While identifying them, both the witnesses stated that the applicants were the same persons who prevented them i.e. manager – Manoj Nair and the plumber – Sushant Barik from entering into the office. However, they have not stated so in their statements. As a matter of fact it is clear from their initial statements that they were already in the office. The test identification parade was conducted on 1.12.2008. Admittedly, Mr.Mundargi submitted that the applicants were not armed with any weapon at the relevant time nor did they participate in the actual assault. There is no recovery at the instance of the applicants either of any weapon 3 or blood stained clothes. Keeping that in view and considering the nature of allegation against the applicants as reflected in the supplementary statements of the witnesses recorded after about a month, I am inclined to enlarge them on bail. Hence the following order: Applicants be released on bail in the sum of Rs.25,000/- each with two sureties to make up the said amount, subject to the condition that the applicants shall not enter the jurisdiction of Samata Nagar police till conclusion of the trial. The applicants shall report to the nearest police station from the place of their residence on every Saturday between 6 pm and 7 pm 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. Application is disposed of. (D. B. Bhosale, J.)