- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1518 OF 2010 Rajesh S. Jadhav .. Applicant Vs. The State of Maharashtra .. Respondent Mr. M.S.Mohite i/b. Santosh Bhagwan/ A.D.Kamkhedkar, for Applicant. Mr. A.S.Shitole,A.P.P. for Respondent. CORAM: V.M. KANADE,J. DATE : 27th APRIL, 2010 P.C.: . Heard learned counsel appearing for the Applicant. Applicant was arrested in respect of the offence punishable under section 302, 201 r/w 34 of Indian Penal Code vide C.R No.33 of 2009 registered by Alandi Police Station, District Pune. It is alleged that the deceased was consuming liquor in a hotel and there was hot exchange between the deceased and one Anil Bahirat. The present Applicant and one person abused the deceased and who was found injured on the next day. He was found in a critical - 2 - condition. He was then taken to the hospital. While he was being taken to the hospital, he has stated that one Anil Barge and Vishal Barge and one person whose name Bhai had assaulted him and therefore the said offence is registered. It is submitted that in the dying declaration of the deceased, the name of the present Applicant is not mentioned. It is submitted that there is no recovery at his instance. No test identification parade is held. It was submitted that the witnesses in their statement have not alleged that the Applicant had assaulted the deceased with any weapon. It is further submitted that the incident took place at two different places. It was submitted that some of the witnesses say that the Applicant was found in the first hotel where the first incident took place. His presence is not mentioned by the other witnesses in respect of the incident which took place in the hotel at Sailee. He submitted that now the charge sheet is filed and, therefore, the Applicant deserves to be released on bail.The learned counsel appearing for Respondent has opposed the grant of bail. - 3 - 2. The submission made by the learned counsel appearing on behalf of the accused will have to be accepted. In view of the said submission, Appellant deserves to be released on bail. Moreover, charge-sheet is filed and investigation is over. 3. The Applicant be released on bail on execution of P.R.Bond in the sum of Rs.5,000/- with one or two surety in the like amount. 4. The Applicant shall report to the concerned police station once in a month. [V.M. KANADE,J.] - 4 -