1 BA 1447 OF 2011 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1447 OF 2011 Amol @ Anil Padurang Waghmare .. Applicant. -versus The State of Maharashtra .. Respondent. Mr. Priyal G Sarda, Mrs. M.R. Tidake, APP for the Respondent State. CORAM: R.C. CHAVAN, J. DATED: 29th September, 2011 P.C. 1. This is an application for bail by one of the three accused persons, who have been chargesheeted for murder of one Jamil. The prosecution story is that Jamil had taken blanket (Godhadi) of Deepak Pawar. Therefore, on the incidental night, Deepak Pawar and co accused Muckya Machare became angry. Deepak hit the victim with stone on his head and Muckya Machare and present applicant are supposed to have hit on victim’s legs with cement block and also gave him fist blows and kicks. The applicant himself is supposed to have called rickshaw driver Ravi Tamchikar in whose rickshaw the victim was taken to hospital, but was pronounced dead. The postmortem notes show no surface wound on the leg but there is antemortem fracture/dislocation on left ankle joint. Considering the genesis of the incident and 2 BA 1447 OF 2011 the role attributed to the applicant in the context of injuries observed by the Medical Officer, the question of the complicity of the applicant in the murder of the victim would have to be examined by the trial Court. Right now since the investigation is complete and chargesheet has been filed. Though the learned APP states that the applicant has criminal antecedents, applicant's being in custody pending trial may not be necessary. The applicant, arrested in connection with C.R. No.529 of 2010, registered at Pimpri Police Station, Pune be released on bail on his furnishing P.R. Bond in the sum of Rs.50,000/- with one or more solvent sureties in the sum aggregating to Rs.50,000/- on the condition that the applicant shall attend the concerned police station on first Sunday of ever month between 10.00 a.m. to 1.00 p.m., till the trial is over. 2. Application stands disposed of. (R. C. CHAVAN, J.)