MP 1 BA1772_11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1772 OF 2011 Sanjay Tukaram Waghmode ... Applicant Versus The State of Maharashtra ... Respondent Mr.K.S. Patil, Advocate for the Applicant. Mr. Y. S. Shinde, APP for the Respondent State. CORAM : J. H. BHATIA, J. DATE : 29TH NOVEMBER 2011 P. C. : The applicant seeks to be released on bail in crime No.37 of 2011 registered with Umadi Police Station, District Pune for the offences punishable under Sections 307, 436, 427 r/w. Section 34 of the Indian Penal Code. 2. According to the prosecution, the applicant is a cousin of the first informant Sandip. Between the two families, there was some dispute about the property. On 27.06.2011 at about 11.00 p.m., Sandip and his family members went to sleep in their house. At about 1.00 a.m., Sandip felt some heat due to which he woke up and found that roof of his house was burning. He and his wife immediately came out from the house and saw that Tukaram, who is uncle of Sandip and father of the present applicant, was giving some signals with his hand and the present applicant was running away. Tukaram and wife of the present applicant also ran away. Some property was burnt in the said incident. However, nobody was injured. 3. The case was registered against four persons. Accused No.4 was a married daughter of Tukaram and her presence was not shown in the F.I.R., and therefore, she was granted bail by this Court as per order dated 10.08.2011. MP 2 BA1772_11 The application for the remaining accused persons was rejected on the grouind that the investigation was in progress. Thereafter, on 18.10.2011, accused Tukaram and Laxmi Sanjay Waghmode were granted bail on the ground that Tukaram is old man aged about 70 years and Laxmi is a woman. Thus, out of four accused persons, only present applicant is in jail. In view of the material collected by the police during the investigation, the case against the present applicant cannot be distinguished from the case against the remaining accused persons. Even though some damage was caused to the house, fortunately nobody was injured. Therefore, I do not see any reason to refuse bail to the present applicant. 4. Therefore, the applicant be released on his executing P.R. of Rs.25,000/- with one surety in like amount with condition that he shall not tamper with the prosecution evidence and shall also report at Umadi Police Station, District Pune on the first and third Monday of every month till end of the trial. (J. H. BHATIA, J)