IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH: NAGPUR CRIMINAL APPLICATION NO.882/2008 Mukesh Madavi ..vs... State =================================== CORAM: S.R. DONGAONKAR, J. DATE:5.5.2008 Heard Mr. Daga, advocate for the applicant and Mr. Sonare, A.P.P. for state. The applicant has been arrested for the offences under section 302, 307, 143, 147, 148, 149 of IPC r/w section 135 of Bombay Police Act and is facing trial for these offences. It is stated that he is XIIth standard student and in fact by taking interim bail, he appeared for the said examination. Relevant admission card is also placed on record. Learned A.P.P. has opposed this application saying that the applicant has taken part in the assault on the deceased by iron rod. Learned counsel for the applicant has pointed out the orders of the learned trial Judge by which the other accused with similar allegations have been released on bail. Although it is difficult to approve the order passed by the learned trial Judge regarding release of the accused Anand Sharma, the fact remains that the present applicant is facing the similar allegations. The factor that he is taking education and is XIIth standard student having appeared for the said examination, some indulgence has to be shown. In these circumstances, more so, because the learned trial Judge has informed that there are about 65 custody matters pending in his court for trial, this case is recent one and it would take much time for the trial of this applicant, applicant would be entitled for bail. Applicant be released on bail on furnishing surety and PRB of Rs.25000/- subject to conditions that he shall not directly or indirectly tamper with the prosecution evidence and shall not commit any offence in future and also shall attend the trial regularly. Bail in trial court. Application stands disposed of. JUDGE smp