Cri. Apln. No. 2625/2011 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2625 OF 2011 Jatansing s/o. Salandarsing Junni, R/o. Shikalkari Mohalla, Partur, Dist. Jalna. ....Applicant. Versus The State of Maharashtra & Anrs. ....Respondents. Mr. A.B. Gaikwad, Advocate for applicant. Mr. G.R. Ingole, APP for respondents. CORAM : T. V. NALAWADE, J. DATED : 13th July, 2011. PER COURT : 1. This application is filed for bail in Cr. No. 113/2010 registered in Partur Police Station, District Jalna, for offences punishable under sections 302, 394, 34 etc. of IPC. The papers of investigation were made available. Both the sides are heard. 2. The crime is registered on the basis of report given by one Gangaram Todke. The incident took place on 14.9.2010. The complainant and his three friends were present on two motorcycles and they were returning to Partur. Complainant and Chagan were on one motorcycle and Raju Dhage and Raju Todke were present on other motorcycle. It is contended that when they reached near Raniwahegaon Cri. Apln. No. 2625/2011 2 Tea Point, one motorcycle intercepted their motorcycle by using stick. He has contended that two persons who were present on this motorcycle demanded cash amount and mobile handset from complainant and Chagan and then one of these two persons gave blow of knife on abdomen of Chagan. Complainant somehow ran away. Complainant did not know these persons who had intercepted them. Beating was given to Raju Todke and his motorcycle No. MH-23/9634 was taken away by these four person. Chagan succumbed to injuries. 3. The papers of investigation show that one stab injury was found on the abdomen of Chagan. There were some surgical wounds and there is possibility that there were more injuries also. The death took place due to stab injury over abdomen. 4. The papers of investigation show that all the four assailants were arrested and during investigation one Satwantsing alias Dharasing Bawari gave statement to police under section 27 of the Evidence Act and it led to the discovery of weapon Jambiya. Thus, there is allegation that Satwantsing gave fatal blow. Present applicant and others were identified by witnesses during investigation. It was submitted for the applicant that the identification was done in police station and no identification parade was held. At this stage, this circumstance cannot be considered in favour of applicant. However, the papers of Cri. Apln. No. 2625/2011 3 investigation show that motorcycle is recovered and the material is mainly against Satwantsingh. There is some record in the form of 7/12 extract to show that present applicant is permanent resident of Partur and there is also the record to show that he was working as Home-guard in the past. In view of these circumstances, this Court holds that bail can be granted, subject to some conditions. 5. So, the application is allowed. Applicant is to be released on bail on his furnishing PR and SB of Rs. 15,000/- (Rupees fifteen thousand) in Cr. No. 113/2010 registered in Partur Police Station, Jalna for offences punishable under sections 302, 394, 34 etc. of IPC. He is not to tamper with the prosecution witnesses and he is not to enter village and Tahsil of complainant and the witnesses namely village Tura, Tahsil Pathari. [ T. V. NALAWADE, J.] ssc/criapln2625.11