1 Cri-A-5673-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 5673 OF 2010 Ramgoundya @ Kumar Pandurang Pawar ...Petitioner Vs. The State of Maharashtra ..Respondent Mr. Milind Deshmukh,Advocate, for the applicant. Ms. P.P.Shinde, APP, for the respondent. CORAM: J.H.BHATIA,J. DATE : 21st January, 2011. P.C. 1. The applicant seeks to be released on bail in Crime No.122/2010 registered by Miraj Police Station under Sections 302, 143, 147, 148 and 149 of IPC. 2. Heard. On perusal of the FIR and other investigation papers, it appears that because of some previous dispute, on 15.10.2010 at about 9 p.m., Jayram Machhindra Kale and Sanjay Machhindra Kale entered into the hut of the first informant Charas Shankar Pawar with intention to kill him. However, the accused Jayram stabbed on the chest of Viveka wife of Charas and his brother Sanjay caught hold of her so that she should not shout. Charas shouted and came out and he found that other two accused Sharda Laxman and Tulia Pawar were all 2 Cri-A-5673-10.sxw present. Apprehending that they would kill him, he ran away. Those persons also pelted stones at him. Then people from the locality assembled there and the assailants ran away. The FIR was lodged next day i.e. on 16.10.2010. In that FIR, name of the present applicant was not mentioned as one of the assailants or their companion. Even in the supplementary statement dated 23.10.2010, Charas did not name the present applicant as one of the assailants or their associates. He only alleged that the present applicant had threatened to kill him if he would name him. It appears that statements of two more witnesses were recorded on 18.10.2010 and 19.10.2010. In those statements, the witnesses Malan and Varsha did not name the present applicant. However, in their supplementary statement recorded on 25.10.2010, they tried to show that the present applicant was also present along with the assailants. In view of the above circumstances, I find that the present applicant deserves to be granted bail. 3. Therefore, the applicant be released on his executing P.R. of Rs. 15,000/- with one surety in the like amount with condition that he shall not tamper with the prosecution evidence. (J.H.BHATIA,J.)