1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (BA) NO.231/2011 (Kamal s/o Ratan Badhel .vrs. State of Maharashtra) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. S.P. Bhandarkar, Advocate for applicant, Mr. D.P. Thakare, APP for non-applicant/State. .......... CORAM : P.D. KODE, J DATED : MAY 04, 2011 The reply tendered by the prosecution taken on record. Heard. The prayer for temporary bail for a fortnight i.e. from 15th May, 2011 to 15th June, 2011 for attending the marriage ceremony of niece and nephew made by the applicant charge sheeted by Butibori Police Station in connection with Crime No.55/2010 registered on 27.3.2010 for offences under sections 302, 364, 201, 120-B, 506-B r/w 34 of IPC is objected by the prosecution on the count of the trial against the applicant being in progress and there is likelihood of the applicant released on bail pressurizing the witnesses. The said crime has been registered on the allegation of the applicant along with other co-accused 2 having conspired with charge sheeted main accused no. 1 Nirbhay Ballewar for committing the murder of father and mother of the said accused no.1 by subjecting them to the snake bite and in pursuance of the said conspiracy, the said father and mother of accused being murdered on 26.3.2010. Without unnecessarily detailing out the material in said charge sheet, it can be safely said that it is not the case of the prosecution that the applicant was the main accused or was present in the car in which the deceased persons were murdered by subjecting them with bite by snake. The role played by the applicant in episode appears to have been of engaging a snake-charmer and facilitating his boarding of the vehicle in which the deceased persons were travelling for inspecting the farms to be purchased. The material in the charge sheet does not reveal that at the time of commission of murder of said deceased, the applicant was travelling the said vehicle, though there is some material to the effect of the applicant after boarding snake-charmer carrying snake in said vehicle was following same by other vehicle till plan was executed. The reply filed by the prosecution reveals that upon verification the fact of marriage, as stated in the application being scheduled is found to be true. The bare perusal of the charge sheet reveals that the prosecution case mainly rests upon the evidence of the first informant Suresh Naik, who was the driver of the vehicle of deceased and who was forced to leave the same to enable co-conspirator and particularly snake-charmer carrying snake to board the same to 3 execute plan hatched and to keep Suresh Naik under their control in the vehicle by which himself and other co-conspirator were following vehicle occupied by snake-charmer, deceased and co-conspirator. The statement made by the learned counsel for the applicant that the evidence of the said witness Suresh Naik being already recorded at trial, it is difficult to find much substance in the objection raised regarding the applicant now pressurizing prosecution witnesses. Having regard to the decision of the Apex Court in the case of Dara Gaddi .vrs. State of Bihar, 1986 SCC (Cri) 543 and of this Court in the case of Nandkumar Pandurang Ghadge .vrs. State of Maharashtra, 2007 ALL MR (Cri) 658, regarding grant of temporary bail for limited period, to which the attention was drawn by the learned counsel for the applicant, the prayer for bail made will deserve credence, as there appears substance in further submission that non granting of bail may deprive him an opportunity to attend one of the significant event of his life and on the contrary granting the same is unlikely to cause any prejudice to the prosecution as the apprehensions expressed by the prosecution can be taken care of by imposing proper conditions. In the premises aforesaid and after taking into consideration the role allegedly played by the applicant, the stage at which the trial rests, purely upon the compassionate/humanitarian ground, the applicant is directed to be released on bail only for a period from 15th May, 2011 to 15th June, 2011 subject to himself furnishing P.R. Bond in the sum of Rs.1,00,000/- (Rs. One 4 Lac only) with one surety in the like amount and subject to the conditions that the applicant : (i) after his release on bail, shall stay within the jurisdiction of Kamptee Police Station and shall attend the said Police Station every day in between 8 am and 9 am and shall not leave the area of said Police Station without the permission of the trial court, (ii) shall use the bail only for the purpose for which the same is granted and shall not misuse the same for any other oblique purpose, (iii) shall not attempt in any manner to enter in the area under adjoining Police station, (iv) shall not commit any offence while on bail granted by this order, (v) shall surrender before the trial court without fail after the period mentioned in the order is over i.e. on or before 15th June, 2011, (vi) shall not indulge in any activity of contacting the witnesses cited against him at trial nor shall even attempt to come within their sight. Bail in trial court. The application stands disposed of. JUDGE Gulande