IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH: NAGPUR CRIMINAL APPLICTIN NO.681/2008 Balwant Bire ..vs.. State =================================== CORAM: S.R. DONGAONKAR, J. DATE:14.3.2008 Heard Mr. V.M. Deshpande and Mr. Thakre, A.P.P. for state. This is an application under section 439 of Cr.P.C. for grant of bail. Applicant is facing prosecution for the offences u/s 143, 147, 148, 149, 307, 302 r/w section 34 of IPC in crime no.98/07 of P.S. Samudrapur. He is arrested on 23.10.2007 and since then he is in jail. He is stated to be of 75 years of age. Other accused in the present case have been released on bail vide order dated 3.3.2008 in Cri. Application no.641/2008, by this court. No overt act in commission of the offence has been attributed against the applicant. He is said to be only present at the time of incident. Hence he is entitled to be released on bail. Applicant be released on bail on furnishing surety and PRB of Rs.15000/- subject to condition that he shall not directly or indirectly tamper with the prosecution evidence. Bail in lower court. Application stands disposed of. JUDGE smp.