1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 3675/2009 [MUNNA @ NIRAJ JAGLALJI JAISWAL VS. STATE OF MAHARASHTRA] ............................................................................................................. Office Notes, Office Memoranda of Coram,appearances, Court's orders Court's or Judge's order of directions and Registrar's orders .............................................................................................................. Mr. R.M.Daga, Advocate, for the applicant Mr. Sonak, APP, for respondent. CORAM : P.D. KODE, J. DATE : DECEMBER 19, 2009. Heard. Prayer for bail by the applicant/accused arrested on 13.11.2009 by Wardha City Police Station in connection with Crime No. 538/2009 for commission of offence 307, 353, 427 r/w 34 IPC and Section 184, 119/1177 of Motor Vehicle Act, is vehemently objected by the learned APP on the count of the involvement of the applicant being borne out from the material so far collected during the investigation, the investigation being not complete and the facts & circumstances of the 2 crime reveals that the culprits has knocked down the policeman on patrolling duty when he had tried to intercept the Car which was carrying illicit liquor. The learned APP has urged that the material collected by the investigating agency also reveals that the applicant was aiding and abetting his brother who was carrying illicit liquor in the said Car. It is further urged that in the event of applicant being released on bail, there is likelihood of himself committing similar activities in future. The learned counsel for the applicant has urged that even accepting the material in the charge sheet as it is, the same does not reveal any positive act committed by the applicant making him liable for commission of offence punishable with death or imprisonment for life or muchless even the offence alleged against him. It is urged that the applicant being in custody since 14.11.2009 and the report of remand submitted in the lower court does not indicate that any material part of investigation is yet to be completed, the applicant deserves to be enlarged on bail by imposing the terms and conditions as deem fit and 3 proper by the Court. After giving anxious consideration to the material in the charge sheet, there appears substance in the submissions of learned counsel for the applicant regarding the role allegedly played by the applicant being not of main accused who was driving the car and who had knocked down the constable who tried to intercept the Car by driving the motor-cycle in front of the car. Having regard to the same and the submissions made by the learned counsel for the applicant that the injured was discharged on the same day and the medical certificate does not reveal any significant injury, being not refuted by learned APP, the applicant has prima facie made out a case for releasing him on bail upon the following terms and conditions. The Applicant is directed to be released on bail upon furnishing P.R.Bond in the sum of Rs.50,000/- with one or more sureties to make up that amount subject to the conditions that applicant shall; (i) attend the Wardha City Police Station, on every Monday between 11 a.m and 2 P.M untill filing of the charge sheet; 4 (ii)not tamper with the prosecution evidence so far collected and/or intimidated or threaten the prosecution witnesses; (iii)stay at the address mentioned in the application and shall not leave the Wardha City without the permission of the court; (iv)not commit any offence while being on bail granted by this order. Application stands disposed of. Hamdast allowed. Cri.Application APPP No. 472/2009 In view of the disposal of the main application, this application also stands disposed of. JUDGE Rvjalit