{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3684 OF 2009 Ramu s/o Rodaji Jadhav Age-58 years, Occ-Labourer R/o Sakuri, Tq-Rahata, Dist-Ahmednagar APPLICANT VERSUS The State of Maharashtra Through Rahata Police Station RESPONDENT ....... Mr.A.M.Gholap, Advocate for the applicant Mr.N.B.Patil, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE : 4 th November 2009 PER COURT: 1. By the present application, the applicant, who is arrayed as accused in CR No.80/2009 registered with Rahata Police Station for an offence punishable u/s 306, 498-A, 323, 504 and 34 of the Indian Penal Code, has prayed to release him on bail. 2. Heard learned counsel for the applicant followed by the arguments of learned APP appearing for the state. Learned APP made available the papers for my perusal. 3. During the course of submissions my attention is drawn {2} towards the complaint and particularly towards the role played by the present applicant, who is an old person. It is urged that considering the disclosure of facts in the compliant no overtact or otherwise act or role is attributed to the applicant. On the contrary the present applicant and his other two sons had shifted the victim for medical treatment. My attention is further drawn towards the remand report dated 29.09.2009, wherein it is stated that the material investigation is practically over and statements of material witnesses are already recorded, the main accused is taking treatment in the hospital and hence the applicant be transfered to magisterial custody from the police custody. 4. The application is opposed by the learned APP on the ground that considering the relationship between the applicant, victim and witnesses, there is possibility of tampering of evidence. Considering the submission, and the role attributed to the applicant and considering the fact that the applicant is in custody for more than 5 weeks and now his is not required for any custodial interrogation, the application requires to be allowed. 5. In the result, application allowed. The applicant be released on bail on furnishing surety in the sum of Rs.15,000/- and on executing PR bond in the like amount. The applicant is directed not to tamper with the prosecution witnesses. Application stands disposed of accordingly. [A.V.POTDAR, J.] drp/criapln3684-09