1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (BA) No. 161/2011 ( Manohar s/o Gunaram Khandare .vs. State of Mah. Through PSO Gondia City Police Station ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. R.M. Patwardhan, Advocate for Applicant. Mr. A.S. Sonare, APP for Respondent. .......... CORAM : P.D. KODE, J. DATED : MARCH 28, 2011 Heard. The prayer for bail made by the applicant/accused charge sheeted by Gondia City Police Station in connection with Crime No.204/2010 for offence under sections 302, 120-B read with section 34 of IPC though vehemently objected by the learned APP, will deserve credence in view of the material against the applicant in the charge sheet shown, prima facie not transcending beyond the applicant on the day of incident early in the morning having quarreled and threatened deceased to kill on the count of deceased having intervened in quarrel ensued in between the applicant and Gayatri- wife of Raju – brother of the deceased, deceased having informed the said happening to the first informant- sister of the deceased, 2 the first informant sister on the same day at about 6 p.m. having seen deceased lastly alive in the company of the other charge sheeted accused namely Ashfak Sheikh, Pintu Kapse and one more person. Though there is substance in the submission of the learned APP that there is a cogent material in shape of statements of witnesses regarding during the morning incident the applicant having threatened the deceased, prima facie there is paucity of material for prima facie establishing that the applicant was the said third person accompanying two charge sheeted co-accused when first informant had seen deceased in company of them at about 6 p.m. The learned APP was not able to pin- point any other material or circumstance advancing/supporting the prosecution case which is based upon circumstantial evidence i.e. the applicant and co-accused being perpetrator of the crime. Thus considering such character of the prosecution material, the applicant has made out a case for grant of bail. However, having regard to the nature of the crime committed and the nature of the evidence in support of the same, it will be advisable to seek heavy bail and impose the appropriate conditions. The applicant is directed to be released on bail in connection with said crime upon furnishing P.R. Bond in the sum of Rs.1,00,000/- (Rs. One lac) with two sureties in like amount and subject to the conditions that applicant - (i) after his release on bail, shall not stay within the local limits of Gondia and shall intimate his place of abode to the investigating officer and shall not change 3 the same without the permission of the trial Court and shall also attend the said local Police Station within whose jurisdiction he would be staying on every Monday in between 11 and 1 p.m. for a period of three months and thereafter on first Monday of every month until further orders; (ii) shall not indulge in any activity of tampering prosecution evidence and/or indulge in any activity hampering the progress of the trial, (iii) shall not commit any offence while on bail. The application stands disposed of. JUDGE halwai