1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. CRIMINAL APPLICATION NO.: 3300 OF 2009 Raosaheb S/o Bapurao Kolekar Versus The State of Maharashtra. *** Mr. V. D. Salunke, Advocate for the Applicant. Mr. S. G. Nandedkar, A.P.P. for the Respondent / State. *** CORAM: K. U. CHANDIWAL, J. DATED: 7th OCTOBER, 2009. 1. In Crime No.12 of 2009 registered at Police Station Hadgaon, being offence under section 302 read with 34 of IPC, where charge sheet is filed and the accused is in custody from 2nd July, 2009, urged to release on bail. 2. The learned counsel for the accused/ applicant by inviting my attention to the attendance record of the children of Ashok viz. Amol and Vikash, has pointed that at the material time from 27th January, 2009 to 31st January, 2009 the children were regularly attending the school and also their regular 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. attendance at the hospital is indicated from the record. The distance between the hostel/ the school and the place of incident is according to the counsel, 50 Kms. 3. The allegations against present accused Raosaheb is, he activated committing throttling of Suman W/o of Ashok Kolekar at the material date, witnessed by Amol, Vikas and one Jaishree. However, there is no statement of Jaishree as learned A.P.P. is unable to point out. 4. It was contended, in the F.I.R. barring a slippery reference of accused/ applicant Raosaheb having left the village on the same day for Mumbai, there is no other attribute. 5. Considering the nature of accusations, at this stage, I find investigation is also complete the custody of the accused/ applicant is not desired. He remotely can be expected to influence the complainant or the children of his brother whose 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. statement is belatedly recorded on 2nd May, 2009. The observations need not be considered in the event of any such application moved by the husband Ashok as his case is on different footing being having illicit relations with one Kavita. Hence, order. 6. The accused/ applicant Raosaheb Bapurao Kolekar be released on his furnishing P.R.Bond and surety in the sum of Rs.25,000/- [Rupees twenty-five thousand only]. 7. The accused/ applicant shall make himself available during trial without any demur and shall desist from influencing the prosecution witnesses. [K. U. CHANDIWAL, J.] Dated:07/10/2009. ans/3300