1 BA-904.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.904 OF 2011 {For Bail} Gajanan Pandhari Marne .... Applicant Vs. State of Maharashtra .... Respondent S/Shri A.P. Mundargi, Senior Counsel with J. Shekhar i/b M/s. J Shekhar & Co. for the Applicant. Ms A.A. Mane, APP, for the State. CORAM: R.C. CHAVAN, J. DATED: SEPTEMBER 15, 2011 P.C: This is an application for bail by a person who is alleged to have asked his companions to fire at and kill the complainant and the other inmates of the car in which the complainant was proceeding on 13-5-2009. The applicant was allegedly accompanied by Sagar Rajput, Bapu Bagal and Ganesh Hundare. Bagal and Hundare, who were armed with swords but have not been shown to have actually assaulted anyone, have been admitted to bail by the order dated 11-1-2011 passed on Criminal Application Nos.4395 and 4464 of 2010. Pradip Kandhare and 2 BA-904.11 Badya Shrikant Pawar, who had fired from their revolvers, and Sagar Rajput who had assaulted the driver, are in jail. Since the only role attributed to the applicant is about instigating his colleagues to assault others and since investigation is complete, charge- sheet is filed and charge has also been framed, it is not clear as to why the applicant should remain in jail, since he is already in jail for two years now. The learned APP has a strong objection to releasing the applicant on bail. She states that the applicant is a history- sheeter and has several offences to his discredit. The learned counsel for the applicant points out that the applicant has been acquitted, according to the affidavit of the API, in nine of the sixteen cases which have been filed against the applicant and the remaining seven cases are pending in the Court. The API has also stated that the provisions of MCOC Act have not been applied to the applicant in the present case. The learned counsel for the applicant submits that the first informant Sameer has also cases to his credit. This he points out from the order granting bail to the first informant in Criminal Application No.1381 of 2002 passed by this Court. Six criminal cases were pending against the first informant 3 BA-904.11 himself and provisions of MCOC Act were sought to be applied to the first informant. Considering this, the applicant be released on bail in C.R. No.155 of 2009 of Kothrud Police Station, Pune on his furnishing P.R. Bond in the sum of Rs.50,000/- with one or more solvent sureties in the sum aggregating to Rs.50,000/- on the condition that the applicant shall stay outside Pune City and shall enter Pune City only for attending the Court. He shall report on the first Sunday of every month between 10:00 a.m. and 1:00 p.m., till the trial is over, to the police station to the place where he proposes to reside which he shall inform in advance before being actually bailed out. The application accordingly stands disposed of. (R.C. CHAVAN, J.)