[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.2306 OF 2008 Purushottam Aniruddha Kolhe ..Applicant Vs. The State of Maharashtra ..Respondent ... Mr.M.B.Zanwar Advocate for Applicant Ms.A.T.Jhaveri APP for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : AUGUST 4, 2008 DATE : AUGUST 4, 2008 DATE : AUGUST 4, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the applicant and the learned A.P.P. for the State. 2. The applicant is seeking bail in CR No.844 of 2007 of Swargate Police Station, Pune. The said case is mainly under Section 302 of IPC. 3. It is the prosecution case that the applicant along with 8 others committed murders of Dilip and Inder. Though the complainant is an eye witness, the complainant has not named the present applicant in the FIR dated 4.12.2007. Thereafter, further statement of the complainant came to be recorded on [-2-] 5.12.2007. Even on that day, the complainant has not named the applicant. It is only in this third statement which was recorded on 11.12.2007, the complainant has named the applicant. 4. The learned APP has pointed out that witness Nitin has named the applicant. Nitin has stated that the applicant along with others assaulted Dilip. It is seen that the statement of this eye witness is also recorded on 11.12.2007 i.e. a week after the incident. No plausible reason is stated by the prosecution for the delay in recording the statement of this witness. Looking to the above facts, prima facie, I find much merit in the submission that the applicant is falsely involved in the case, hence, I am inclined to grant bail to the applicant. 5. The applicant-Purushottam Aniruddha Kolhe be released on bail in the sum of Rs.30,000/- (Rs.thirty thousand only) with one or two sureties to make up the said amount. The applicant shall not enter the jurisdiction of Swargate Police Station, Pune for a period of six months from the date of his release. Before being released on [-3-] bail, the applicant shall inform the Investigating Agency the address at which he is going to reside during the period that he is on bail. The applicant to report to the closest police station to that address once in a fortnight for a period of six months and thereafter he shall report to Swargate Police Station, Pune once in a fortnight till conclusion of the trial. 6. Application is disposed of. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]