1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI.APPLICATION NO.2524 OF 2009 Muddassar Nijam Momin .. Applicant Vs State of Maharashtra .. Respondent Mr.A.P.Mundargi, Senior Counsel i/b Mr V.Navale, Advocate for the Applicant. Mr. K.V.Saste, APP, for the Respondent. Mr Dilip Bodke, for the original complainant. CORAM : D.B.BHOSALE, J. DATE : 12/06/2009 PC: 1. Heard Mr Mundargi, learned senior counsel for the applicant, Mr Saste, learned APP for the respondent and Mr Bodke, learned counsel for the original complainant. 2. The applicant is seeking bail in C.R.No.19 of 2009 of Karad City Police Station, Dist-Satara. The said crime has been registered against the applicant for having allegedly committed an offence punishable under sections 302, 212, 120(B) read with 34 of IPC and section 3/25 read 5/27 of Arms Act. T 2 3. The applicant and eight others have allegedly hatched a conspiracy to kill one Sanjay Patil. Accordingly, on 15.1.2009, Sanjay Patil was murdered by two accused, namely, Sagar Parmar and Habib Shaikh at 3.30 a.m. Insofar as the present applicant is concerned, he, according to the prosecution, in order to avoid arrest, helped Salim Shaikh, one of the main accused in the present case, to flee in his car knowing fully well that Salim Shaikh was externed from district Satara. 4. Mr Mundargi, learned senior counsel for the applicant, vehemently submitted that considering the role assigned to the present applicant, by no stretch of imagination, it could be said that he is a conspirator. He further submitted that looking at the role assigned to the applicant, at the most, the provisions of section 212 of IPC will be attracted. He submitted that there is absolutely no material on record to show that the present applicant had knowledge about the conspiracy. Mr Saste, learned APP, could not and did not point out any material to show that the present applicant was also a member of the conspiracy. Having considered the only role allegedly played by the applicant, in my opinion, he is entitled to be released on 3 bail.Hence, the following order. Applicant-Muddassar Nijam Momin is directed to be enlarged on bail in the sum of Rs.25,000/- with one or two sureties to make up the said amount, subject to condition that he shall report to the concerned police station every Wednesday and Saturday between 6 and 7 pm till conclusion of the trial. It is made clear that no application for relaxation of the condition imposed will be entertained in view of the fact that such condition is imposed looking to the peculiar facts and circumstances of the case. While passing this order, I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case uninfluenced by the observations made in this order. Application is disposed of. (D. B. Bhosale, J.) 4